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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, FEBRUARY 12, 1996

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck, Lee Pavão and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Planning Director Roger Waldon, Solid Waste Director Gayle Wilson and Town Attorney Ralph Karpinos.

Mayor Waldorf noted that there were no hearings or ceremonies this evening.

Item 3 Petitions

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER A PETITION FROM THE COKER HILLS NEIGHBORHOOD REGARDING TRAFFIC SAFETY CONCERNS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Clarence Webb stated that his application for a taxicab operator permit had recently been rejected by the Town due to a prior felony conviction. Mr. Webb said that for the past eight years since the conclusion of his incarceration, he had proven himself as a productive member of society. Mr. Webb requested that the Council favorably consider his request for a taxicab operator's permit.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECEIVE AND REFER MR. WEBB'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Transportation Board Chairperson Ruby Sinreich read a letter of service appreciation from the Transportation Board to Council Member Franck. Ms. Sinreich also presented a copy of the letter to Council Member Franck.

Council Member Brown said that there had been several columns in recent local newspapers concerning development projects on Franklin Street. She requested a follow-up report from staff concerning the destruction of trees and related inspections for these development projects. Council Member Andresen asked the staff to report on why provisions of the Town's Tree Ordinance were not triggered for these projects. She also requested information about the Town's site plan review process.

Council Member Capowski asked staff to look into the possibility of establishing a bicycle lane in a utility easement along Cameron Avenue near the Carolina Inn.

Council Member Powell stated that bulky items being left curbside could sometimes pose a safety hazard. She said that a local resident had recently been accosted by a person hiding behind a couch on a local street.

Town Attorney Ralph Karpinos requested that the Council remove item 4.1h from the consent agenda for separation consideration. Mayor Waldorf suggested considering this item immediately after the consent agenda. There was Council concurrence on this point.

Item 4.1 Consent Agenda

Council Member Brown requested removal of item d for discussion later in the meeting. Council Member Pavão requested removal of item e for discussion later in the meeting.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (96-2-12/R-1)

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

a. Minutes of January 2, 9, 13, 17 and 29, 1996.

b. Setting scope of public hearing on February 26th regarding potential legislative requests (R-2).

c. Calling hearing on petition from Bypass Lane property owners regarding conditional use zoning.

d. Cable television rates for converter boxes with two tuners (R-4).

e. Referral of the Triangle Transit Authority's proposed Fixed Guideway plan to the Chapel Hill Transportation Board (R-5).

f. Estes Drive bicycle lane improvements (R-6 and O-1).

g. Issuance of remaining Parks and Recreation bonds and potential refinancing of 1988 and 1989 General Obligation bonds (R-7).

h. Request to continue to February 26th the public hearing on proposed preliminary plat modification for Forest Creek subdivision, Phase II (R-8).

This the 12th day of February, 1996.

A RESOLUTION SETTING THE SCOPE OF A PUBLIC HEARING ON POTENTIAL LEGISLATIVE REQUESTS (96-2-12/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council invites citizens to comment on the following potential requests to the General Assembly in 1996:

A. Policy Statements

1. That State funding for Town fire protection services to the University and UNC Hospitals be maintained and if possible increased to cover a greater portion of the Town's costs for this service.

Comment: The Council has made this request in past years. The Town now receives $296,000 annually from the State. We estimate the annual cost of fire protection service to the University and Hospitals is about $800,000 based on the proportion of fire calls (30%) which are from the University and Hospitals. This estimate is based on the Fire Department's current operating budget of about $2.7 million, which excludes support services from other departments.

In addition to the $296,000 received each year through action of the General Assembly in 1983, the University and UNC Hospitals have agreed to provide $300,000 over three years beginning in 1996 to help cover the cost of a ladder fire truck which the Town purchased in 1993 to serve areas including the University and Hospitals.

2. That the General Assembly continue and if possible increase the State's annual grant funding to support public transit services; and that local governments and regional transit authorities have access to new and expanded local option revenue sources as alternatives to the property tax.

Comment: The Council has in past years supported increased State transit funding. The suggestion that new local option revenues be available is new. A commission appointed by the Governor has begun work on future transportation needs.

3. That State funding for construction of public schools be increased and that county governments and Boards of Education have the flexibility to use new kinds of local option revenue sources, as alternatives to the property tax, for funding school construction.

Comment: The need for adequate school facilities is a key issue in the community. A legislative study commission will develop recommendations to the General Assembly later this year.

4. That the General Assembly continue to consider the need for greater home rule (greater flexibility for elected local governing boards to adopt new kinds of revenue sources, ordinances and other policies and services).

Comment: The Council has made this request in past years.

5. That the General Assembly revise the formula for allocating annual funds to regional, county and municipal libraries so that all of these funds are provided on the basis of an equal amount per person served by a Library.

Comment: Present law allocates part of the annual State funding for public libraries on an equal per-person basis, but most of the State funds are allocated only to county and regional libraries. The latter policy affects nine municipal libraries eligible for State funds.

An effect of the present formula is that the 1994-95 State funding for the Hyconeechee regional library in Hillsborough equalled about $2.45 per person ($275,440 for 112,010 people served) but the Chapel Hill allocation equals $.58 per person ($24,512 for 41,918 people in the Town).

Because changing the formula would involve revising State-wide law, we believe it is unlikely that the legislature would consider this proposal in the 1996 short session. But we believe it is useful to raise this issue in the Town's legislative program for future years.

6. That the General Assembly continue in 1996 and future years the $2 million increase adopted in 1995 for support of public libraries.

Comment: We understand that it is possible the 1995 funding increase may not continue.

B. Requests for State-wide Legislation

7. That State law be changed to allow cities and towns to designate certain misdemeanors as infractions.

Comment: Last fall, the Council agreed to pursue this item. Discussion came up in the context of how to treat violations of the present ordinance on public possession and consumption of alcohol. The NC League of Municipalities is considering whether to support the Town's request for such legislation.

8. That localities have 30 days instead of the present 15 days to comment to the State on applications for licenses to sell alcohol.

Comment: Present State law allows the Town a 15 day period to comment on a license application. At many times, 15 days is too short a time for a license to be submitted to the Council by the time of the next business meeting. A 30-day period would be adequate in most circumstances other than in December and in the summer months, when the Council does not meet at least twice per month.

C. Potential Local Bill

9. That water and sewer service area agreement(s) among two or more local governments and water or sewer utilities serving Orange County including the Orange Water and Sewer Authority and the Orange Alamance Water System be binding upon the parties to the agreement, once approved by the participating entities.

Comment: The OWASA Board has suggested requesting this legislation. To date, the Hillsborough Board has not supported this item, and therefore a local bill would likely be deemed controversial. Further discussions including the Town of Hillsborough are pending concerning the proposal in December, 1994 to establish water and sewer service areas or areas of interest in the County. These discussions may indicate whether a local bill can be pursued this year.

This the 12th day of February, 1996.

A RESOLUTION CALLING A PUBLIC HEARING ON ADJUSTMENTS TO CONDITIONAL USE ZONING PROVISIONS (96-2-12/R-3)

WHEREAS, the Chapel Hill Development Ordinance contains provisions regarding Conditional Use Zoning; and

WHEREAS, the Council of the Town of Chapel Hill has received a petition requesting adjustments to features of these regulations to allow imposition of conditions on the conditional use zoning request;

NOW, THEREFORE, BE IT RESOLVED that the Council calls a Public Hearing for February 19, 1996, to consider changes to Articles 2, 3 and 20 of the Chapel Hill Development Ordinance to allow conditions to be applied to a conditional use zoning amendment.

This the 12th day of February, 1996.

A RESOLUTION ENDORSING THE DESIGN OF IMPROVEMENTS ON ESTES DRIVE BETWEEN AIRPORT ROAD AND CASWELL ROAD, AS DESCRIBED BELOW (96-2-12/R-6)

WHEREAS, it is the Town's desire to improve Estes Drive in such a way that it can safely and effectively accommodate vehicular, bicycle, and pedestrian traffic;

WHEREAS, all input has been evaluated in conjunction with feasibility studies in reaching a decision concerning the recommended design;

WHEREAS, the Council of the Town of Chapel Hill has allocated $18,700 in the Capital Improvement Program for bikeway projects in the 1995-96 fiscal year;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the following improvement elements in the design of the Estes Drive improvement project:

1. Between Airport Road and Caswell Road, the project shall include an additional ten feet of pavement to increase the existing travel lanes by one foot each and to provide a four foot bicycle lane in either direction.

2. The existing asphalt path on the south side of Estes Drive be replaced where disrupted by the construction of the proposed project to continue the safe passage of pedestrians.

BE IT FURTHER RESOLVED that the Council requests the North Carolina Department of Transportation to proceed with design, necessary right-of-way acquisition, and construction of the Estes Drive improvement project, as endorsed by the Council, as promptly as possible and in coordination with Town staff at all times.

This the 12th day of February, 1996.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-2-12/O-1)

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

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Transfers to the CIP

Fund 275,000 31,300 306,300

CAPITAL IMPROVE-

MENTS FUND ,042,711 31,300 1,074,011

REVENUES

GENERAL FUND

Fund Balance 1,658,069 31,300 1,689,369

CAPITAL IMPROVE-

MENTS FUND

Transfer from

General Fund 275,000 31,300 306,300

This the 12th day of February, 1996.

A RESOLUTION AUTHORIZING THE SALE OF GENERAL OBLIGATION BONDS (96-2-12/R-7)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager, Finance Director and Town Attorney to take the necessary steps with the Local Government Commission and bond counsel to issue $1.8 million of Parks and Recreation Bonds authorized by the voters in 1989; and

BE IT FURTHER RESOLVED that the Council also authorizes the Town Manager, Finance Director, and Town Attorney to take the preliminary steps necessary to refund the Town's 1988 and 1989 General Obligations Bonds in order to generate annual debt service savings.

This the 12th day of February, 1996.

Mayor Waldorf said that the consent agenda contained at least two bits of good news: funding for some bicycle lanes and an authorization for the Manager and staff to refinance outstanding bond debt at a lower interest rate.

Mr. Karpinos stated that staff needed a few more weeks to handle detail work relative to the Forest Creek II subdivision preliminary plat modification. He said that staff was suggesting that the hearing be continued to February 26th.

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

A RESOLUTION AUTHORIZING CONTINUATION OF A PUBLIC HEARING TO CONSIDER THE APPLICATION FOR MODIFICATION OF PRELIMINARY PLAT FOR FOREST CREEK II SUBDIVISION (96-2-12/R-8)

WHEREAS, the Council of the Town of Chapel Hill held a Public Hearing on January 17, 1996 to consider a request to modify the Preliminary Plat, approved by the Council in 1988, for the Forest Creek II Subdivision; and

WHEREAS, the Town Council discussed a variety of ideas regarding the off-site improvements for the subdivision which remain incomplete; and

WHEREAS, the Town Council continued consideration of the application for Modification of Preliminary Plat for Forest Creek II Subdivision until February 12, 1996;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it continues consideration of the proposal to modify the Preliminary Plat for Forest Creek II Subdivision until Monday, February 26, 1996, 7:00 p.m., at the Council Chamber of Town Hall in order to allow the Town Manager further time to investigate the ideas that emerged at the January 17 Public Hearing.

This the 12th day of February, 1996.

Item 4.2 Information Reports

Council Member Andresen requested removal of items d and e for discussion later in the meeting.

Item 5 Boards and Commissions

Council Member Brown suggested that the Council table this item until it had an opportunity to discuss whether or not the role of Council liaisons were working as well as possible.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO TABLE THE MATTER. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON AND POWELL VOTING IN FAVOR OF THE MOTION TO TABLE.

Council Member Pavão said he supported the continuation of Council Member Evans service as Council liaison to the Planning Board.

Stating that the handling of liaison responsibilities was unclear, Council Member Brown said she hoped that the Council would discuss in the future whether or not these positions were meeting the needs of the Council and advisory boards and commissions. She suggested that this matter could be taken up with the Council's discussion of the Procedures Manual.

Noting that the Council had agreed at an earlier meeting that the Mayor should send a letter to advisory boards concerning the role of Council liaisons, Council Member Powell said the issue appeared to be whether or not the Council should take up this issue again this evening. Mayor Waldorf noted that a suggestion had been made to take up the matter when discussing the Council's Procedures Manual. Council Member Pavão suggested that it would be a good idea to know the opinions of boards relative to Council liaisons.

Mayor Waldorf announced the appointment of the following Council liaisons: Barbara Powell, Board of Adjustment; Richard Franck, Greenways Commission; Barbara Powell, Historic District Commission; Barbara Powell, Housing and Community Development Advisory Board; Mark Chilton, Human Services Board; Lee Pavão, Library Board; Lee Pavão, Parks and Recreation Commission and Joe Capowski, Transportation Board.

She also noted that the vote for Planning Board was tied, with four votes for Council Member Andresen (Andresen, Brown, Capowski and Powell) and four votes for Council Member Evans (Evans, Franck, Pavão and Mayor Waldorf) and one abstention (Chilton). It was the Council's pleasure to defer this matter to a future Council meeting. Original voting ballots are on file in the Town Clerk's Office.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE MR. TYRRELL FOR APPOINTMENT TO THE ORANGE COMMUNITY HOUSING CORPORATION BOARD OF DIRECTORS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Appointment to Transportation Board

Stating that she was impressed by all of the applicants for a vacancy on the Transportation Board, Council Member Brown said she hoped that persons not selected for the vacant seat would choose to keep their applications on file for future appointment consideration. Council Member Brown stated that Transportation Board Chair Ruby Sinreich, the Transportation Board and herself recommended the appointment of Michelle Minstrell to fill the vacancy, while Council Member Evans favored the appointment of Ed Siebert. Council Member Evans noted that Mr. Siebert had recently served on the Orange County Transportation Board.

Council Member Chilton expressed his support for Michelle Minstrell. Stating that Ms. Minstrell commuted to work and around Town by bus, Council Member Chilton said this would provide an important perspective to the Board's discussions.

Noting that she would support the subcommittee's recommendation of Ms. Minstrell, Council Member Andresen suggested that the Council give strong consideration in the future to the appointment of Victor Friedmann.

MS. MINSTRELL WAS APPOINTED TO THE BOARD WITH FIVE VOTES. MR. SIEBERT RECEIVED THREE VOTES AND MR. FRIEDMANN RECEIVED ONE VOTE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Item 6 Zapata Subdivision

Planning Director Roger Waldon presented an overview of the application, noting that staff continued to recommend approval of the seven lot subdivision, with conditions. He also stated that staff recommended the deletion of the last two sentences from stipulation number five of Resolution 9a.

Council Member Brown inquired who would be responsible for the provision of future water and sewer service to these planned homes. Mr. Waldon said this would be clearly spelled out in the proposed conditions of approval. Mayor Waldorf said it was very important for the stipulation language to be as clear as possible.

Council Member Andresen asked whether or not the Orange County Health Department was requiring alternative drainage fields. Mr. Waldon said he did not believe that this was the case. Council Member Andresen suggested adding language in the conditions of approval relative to the provision of alternative drainage fields. Mr. Waldon noted that staff had taken some comfort in the proposed large size of the planned lots. John Hansen, the applicant, stated that Orange County required an alternate sewer drain field site for occasions when the primary site was under repair. Mr. Hansen also said that although he had offered to install dry sewer lines in order to address the concerns of staff, OWASA staff had rejected this proposal.

Mr. Hansen also stated that although payments in lieu could be required for facilities such as parks and recreation facilities, such payments could not be required for water and sewer facilities. Mr. Hansen suggested that the language in paragraph three of Resolution A be amended regarding future monetary credits to homeowners in the event that water and sewer service were extended to this area. Mr. Hansen said he did not wish to grant an easement for sewer service which might never be used. Mr. Hansen concluded his remarks by stating that he was following all Town ordinances applicable to the proposed subdivision.

Mr. Horton said although the developer was willing to install water and sewer lines, OWASA was uncertain whether or not it wished to have these lines installed. Mr. Horton said staff would continue to work with OWASA on this matter. He also stated that staff requested the opportunity to review the language being suggested by Mr. Hansen. Mr. Karpinos said staff could bring back the item for consideration at the February 26th meeting.

Council Member Capowski asked whether or not a gravity sewer system was feasible. Mr. Hansen said it would be possible to construct a gravity sewer system through the right-of-way. Council Member Franck said he thought it would be safest to require easements until a final decision was made about the provision of utilities.

Council Member Andresen said she was unclear why OWASA Board had voted as it did on this policy matter.

Council Member Capowski said it was very important that future property owners be made aware about possible costs related to water and sewer service. Noting that access was only apparent from one lot, Council Member Capowski asked how other residents would access the proposed greenway trail/bikeway. Council Member Brown asked whether any houses on the site would require demolition. Mr. Hansen said no. He added that a pedestrian easement between lots four and five would provide access to the proposed trail.

Mr. Hansen asked whether it was the Council's intent to continue this matter for two weeks. Mayor Waldorf said this was correct.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE PUBLIC HEARING TO THE COUNCIL'S FEBRUARY 26TH MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen requested that staff review Orange County regulations pertaining to drainage fields. Mayor Waldorf said it was important for the Council to handle this matter in a consistent and reasonable manner.

Item 7 Knollwood Subdivision

Council Member Franck asked whether matters pertaining to payments-in-lieu for parks facilities were handled by the Parks and Recreation Commission. Mr. Waldon said this was correct. Council Member Franck inquired whether funds had to be used in the immediate area of a proposed development. Mr. Horton said this would depend upon how "immediate area" was defined. He stated that the Town Attorney might be able to address this matter in greater detail.

Greg Shephard, the applicant's representative, said that the applicant wholeheartedly supported the adoption of Resolution A.

Council Member Brown inquired about the possibility of the funds possibly being used for the recreation area suggested by residents of the White Oak neighborhood. Mr. Horton said the Parks and Recreation Commission could review options and bring a recommendation to the Council on this matter. Council Member Brown asked whether the final decision in this matter would lie with the Council. Mr. Horton said this was correct.

Mayor Waldorf said the Council could adopt the proposed Resolution A and receive guidance from the Parks and Recreation Commission regarding possible use of funds for a recreation area.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

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

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR KNOLLWOOD SUBDIVISION (File # 478.4.8B) (96-2-12/R-10a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Preliminary Plat application, proposed by Nouri Group, Inc., on the property identified as Durham County Tax Map 478, Block 4, Lot 8B, if developed according to the preliminary site plan dated April 6, 1995 (revised August 17, 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. Required Improvements:

A. That one-half of a 90 foot right-of-way be dedicated along the property's Old Durham-Chapel Hill Road frontage.

B. That no driveway access be provided onto Old Durham-Chapel Hill Road from the lot with frontage on that road.

C. That a payment-in-lieu be provided for a sidewalk along the property's Old Durham-Chapel Hill Road frontage prior to issuance of a Zoning Compliance Permit.

D. That Street "A" be constructed to a 24 foot cross-section from back-of-curb to back-of-curb with dedication of a 50 foot right-of-way.

E. That a five foot wide sidewalk be installed along one side of Street "A" and along the White Oak Drive frontage of the property.

Stipulations Related to Recreation Area

2. Payment-in-Lieu of Dedicating Recreation Area: That the applicant make a payment-in-lieu of dedicating the required recreation area to the Town of Chapel Hill in accordance with Section 17 of the Chapel Hill Development Ordinance prior to recordation of the final plat.

Stipulations Related to State and Federal Government Approvals

3. 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.

4. 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

5. 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 30 foot width) along the property's Old Durham-Chapel Hill Road frontage; and

* a Type B buffer (minimum 10 foot width) along the shared property line with the Willow Brook Apartment complex to the west of the site.

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

6. Ownership of Landscaped Buffers: That the landscape buffers not be part of individual lots but be part of land owned and controlled by the Homeowners' Association.

7. 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.

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

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

10. 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 the Orange Water and Sewer Authority, Duke Power, Southern Bell or GTE, Public Service Company, Cablevision, and the Town Manager, before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

11. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plan, 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 with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

12. 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.

13. Certificates of Occupancy: That no Certificates 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.

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

15. 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.

16. 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.

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

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

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

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

21. 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 Knollwood Subdivision in accordance with the plans and conditions listed above.

This the 12th day of February, 1996.

Pursuant to the Council's earlier discussion, Council Member Brown suggested that a copy of the minutes relating to this item be forwarded to the Parks and Recreation Commission. Council Member Franck said this item could be taken up at a future Council meeting.

Item 8 Southern Assisted Living SUP

Mr. Waldon presented an overview of the application and noted that staff recommended the adoption of Resolution A.

Chris Hollister stated that the applicant favored the adoption of Resolution A.

Council Member Evans inquired about the feasibility of incorporating gables on the Fordham Boulevard site of the building. Noting that he thought this was a good suggestion, Mr. Hollister noted that this matter would need to be reviewed by the Appearance Commission.

Project Architect David Ripperton requested that the Council adopt Resolution A.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CLOSE THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS,

TO ADOPT RESOLUTION A.

Council Member Andresen inquired whether or not staff was satisfied with proposed parking arrangements. Noting that the possibility of reducing the number of parking spaces had been examined, Mr. Horton said the Council had the necessary tools to enforce parking limitations, if necessary. Mayor Waldorf inquired whether or not staff was satisfied with proposed emergency vehicle circulation proximate to the site. Mr. Horton said staff believed that the proposed circulation pattern would be adequate.

RESOLUTION A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR SOUTHERN ASSISTED LIVING GROUP CARE HOME (File Number 53.A.1B) (96-2-12/R-11a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Southern Assisted Living, Inc on property identified as Chapel Hill Township Tax Map 53, Block A, Lot 1B, if developed according to the site plan dated July 25, 1995 and revised October 10, 1995, and the conditions listed below:

1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4. Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby approves the application for the Special Use Permit for Southern Assisted Living, Inc. in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by February 12, 1998 (two years from the date of Council approval) and be completed by February 12, 1999 (three years from the date of Council approval).

Required Improvements

2. Parking Lot to Town Standards: That the internal drive aisle and parking lot be constructed to Town standards and that any alternate paving used in the parking lot have the same load bearing capacity as the Town's standard pavement design.

Stipulations Related to State and Federal Governments Approvals

3. Approval of Encroachment Agreements: That any required State 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.

Stipulations Related to Landscape Elements

4. Landscape Plan Approval: That a detailed landscape plan (including the buffer plantings), landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. The Landscape Plan shall include:

a) Detailed planting plans for the following buffers:

* A 20 foot "Type C" landscape buffer along the north boundary. The applicant is required to shift the northern sidewalk eastward, away from the group of oaks, or alternately the applicant is required to build a low retaining wall adjacent to the sidewalk to minimize grading.

* A 30 foot "Type D" landscape buffer along the south boundary

* A 20 foot "Type C" landscape buffer along the east boundary within the 30 foot Duke Power easement. If Duke Power will not approve plantings in the easement, the applicant is required to receive the approval of the Appearance Commission for an alternate buffer along the eastern boundary prior to the issuance of a Zoning Compliance Permit.

b) An alternate buffer consisting of a 6 foot landscaped screening wall along the west boundary and a few feet of the southern boundary. The northernmost section of this wall must be removed, or replaced with a section of fencing, in order to minimize disruption of existing trees. A 30 foot "Type D" Landscape Buffer is otherwise required along this boundary.

5. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit and that the Plan show the critical root zones of the significant trees on the site.

Stipulations Related to Building Elevations

6. Building Elevation Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

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

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

Miscellaneous Stipulations

9. Solid Waste Management Plan: That a detailed solid waste management plan, including positioning of dumpster pad and 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.

10. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Detailed Plans: a) That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), which shows the method(s) of conveying the storm water around the building site, and a landscape plan and landscape management 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 with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

b) That the on-site retention basin shall be accompanied by a maintenance bond, with form and content to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. Erosion Control: That a 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.

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

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

15. 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 a Special Use Permit for Southern Assisted Living Group Care Home in accordance with the plans and conditions listed above.

This the 12th day of February, 1996.

Item 9 Staff Response to Public Housing Needs Committee

Mr. Horton thanked Dr. John Turner, Joanne Shirer-Mitchell, Maxecine Mitchell and Charlie Zimmerli for their diligent work on this project.

Assistant Town Manager Florentine Miller presented an overview of the recommendations of the Special Committee on Public Housing and Related Needs, including changes in general organization structure and reorganization of the Housing and Community Development Board. She noted that staff recommended adoption of Resolution 12 relative to recommendations of the Special Committee on Public Housing and Related Needs.

Council Member Powell congratulated Dr. Turner, Dr. Fraser and the entire committee for their dedication. Council Member Powell stated that if existing public housing units were maintained properly, it might not be necessary to add more units in the future.

Mr. Horton noted that Carrboro Town Manager Bob Morgan had requested that Committee members meet with Carrboro officials about public housing matters. He stated that these details could be worked out with the group in the future.

Noting that public housing matters were very important, Mayor Waldorf expressed appreciation to the Committee members for their hard work. She stated that the Town had made significant improvements during the last few years in the upkeep of public housing communities. Mayor Waldorf said she liked the idea of reviewing all position responsibilities and the idea of community resource teams. Noting the importance of having a good screening process for public housing residents, Mayor Waldorf stated that the City of Charleston, South Carolina had developed a very successful public housing program. Mayor Waldorf also said that it was very important to have really clear rules with clear consequences and to emphasize safety and cohesiveness in public housing communities. Mayor Waldorf said she believed that a new grievance procedure was needed, with citizens being appointed to an independent panel.

Stating that Mayor Waldorf's comments were good ones, Council Member Andresen requested that the Manager keep the Council apprised about improvements relative to public housing matters.

Council Member Powell said some Council Members, including former Council Member Protzman had been very involved in a door to door survey of public housing residents. Council Member Powell said this had been a very rewarding experience. She also expressed thanks to Mr. Protzman for his work with the committee.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12.

Council Member Brown asked whether or not the proposed process would come back to the Council for public review. Mr. Horton noted that the process would also include review by, and input from, interested citizens, public housing residents, the Housing and Community Development Advisory Board and the Public Housing Residents Council. Council Member Powell requested that members of the Special Committee on Public Housing and Related Needs receive a copy of the Council's adopted resolution.

Mayor Waldorf reiterated her earlier key points relative to public housing community needs including better screening of potential leaseholders, safety-related efforts, opportunities for children and the need for a revised grievance procedure.

RESOLUTION 12 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION EXPRESSING APPRECIATION TO THE SPECIAL COMMITTEE ON PUBLIC HOUSING AND RELATED NEEDS AND DIRECTING FOLLOW-UP ACTIONS (96-2-12/R-12)

WHEREAS, the Council of the Town of Chapel Hill established the Special Committee on Public Housing and Related Needs in February, 1994 to address issues and concerns of public housing neighborhoods; and

WHEREAS, the Special Committee held numerous meetings to gather information and to receive comments regarding the needs of public housing residents; and

WHEREAS, the Special Committee worked with citizen volunteers and the faculty and students of the UNC-CH School of Social Work; and

WHEREAS, the Special Committee conducted a survey of the thirteen public housing neighborhoods in Chapel Hill and Carrboro; and

WHEREAS, the Special Committee has submitted its Report on Findings and Recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby receives with thanks the report of, and expresses its appreciation to the members of the Special Committee on Public Housing and Related Needs:

Ms. Mildred Council

Mr. Ed Devany

Mr. Fabian Farrington

Ms. Lynn Johnson

Ms. Sarah Kogut

Ms. Maxecine Mitchell

Ms. Joann Shirer-Mitchell

Mr. Charles Zimmerli

BE IT FURTHER RESOLVED that the Council expresses its thanks and appreciation to the public housing residents, and to the student and citizen volunteers for their time and effort in carrying out the work of the Committee.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill expresses its appreciation to John B. Turner, Kenan Professor and Dean Emeritus - UNC-CH School of Social Work; and, Mark W. Fraser, John A. Tate, Professor for Children - UNC-CH School of Social Work, for their assistance to the Special Committee.

BE IT FURTHER RESOLVED that the Council:

* Adopts five goals:

1. To develop a new organizational and management structure for the Housing Department in order to better serve residents of public housing neighborhoods.

2. To establish community resource teams to serve public housing neighborhoods.

3. To establish a more effective process for communicating with public housing residents.

4. To review the role of the Housing and Community Development Advisory Board.

5. To actively involve the Housing and Community Development Advisory Board and public housing residents including the Chapel Hill-Carrboro Residents' Council in developing recommendations.

* Refers the report by the Special Committee on Public Housing and Related Needs to the Housing and Community Development Advisory Board and the Residents' Council for comments and recommendations to the Council by April 22nd.

* Requests that the Housing and Community Development Advisory Board and the Residents' Council make recommendations by June concerning the role and responsibilities of the Board.

* Directs the Manager to propose on April 22nd, as part of the recommended 1996-97 budget, a revised organizational structure for the Housing Department to strengthen the Town's services to public housing residents in accord with the goals proposed above.

* Directs the Manager to make recommendations on April 22nd regarding establishment of community resource teams.

* Directs the Manager to submit on April 22nd a comprehensive, effective plan for increasing public housing residents' participation in discussion of future policy changes.

* Directs the Manager to meet with the Housing and Community Development Advisory Board and public housing residents including the Chapel Hill-Carrboro Residents' Council in preparing proposals regarding improved services to public housing residents including but not limited to the establishment of community resources teams and adopting a citizen participation and communication plan.

* Directs the Manager to make recommendations later in June concerning a proposed sequence and priorities for addressing the additional recommendations by the Special Committee on Public Housing and Related Needs.

This the 12th day of February, 1996.

Item 10 Response to Smith Level Alliance Petition

Mr. Horton stated that the staff's recommendation was that the same group who prepared the original Southern Small Area Plan be reconvened to review the status of the Southern Village development project. Noting that the Southern Village development was not yet to its mid-point, Mr. Horton noted that neither the apartment development nor business center/village core were in place.

Julie Coleman commended the staff for its response to the Smith Level Alliance's petition. Ms. Coleman requested that the Council consider appointing Livy Ludington, Robert McWilliams and David Cook to the proposed citizen's group. She also inquired whether Council Member Evans would be designated as a citizen or Council Member on the committee.

Transportation Board Member Ruby Sinreich said she generally agreed with the staff's recommendation on this matter. Ms. Sinreich said she believed that a more streamlined group than the one proposed could review the Southern Village development project. Ms. Sinreich also indicated that the Transportation Board wished to have involvement with the review process. Mayor Waldorf asked whether or not the Transportation Board had designated a specific member to possibly serve on the committee. Ms. Sinreich said the Board could discuss this possibility at a future meeting.

Margaret Brown expressed concern that a wide swath of trees had been clear-cut along Dogwood Acres Drive, contiguous to the Southern Village development, in order to accommodate a water line project. Ms. Brown said it was very difficult to determine whether the Town or OWASA had jurisdiction over this particular project. Ms. Brown also said it was very important for the Council to be mindful of providing environmental protection for Morgan Creek and area trees. Noting that the project had a projected buildout of ten years, Ms. Brown said was very important for the project to be reviewed in its totality.

Jim Earnhardt, project manager for Southern Village, said it was probably in the best interest of all to use the original Southern Small Area Plan committee. Mr. Earnhardt requested that the Council consider appointing the following three Southern Village residents to the Committee: Will Allen, Paul Tawney and David Taylor.

Council Member Andresen said that the Council needed to move forward on this matter as soon as possible. Council Member Andresen also said that she thought that a lot could be learned from examining the original goals of the Southern Village development project, including stream and habitat related matters. She suggested that the Council add the citizens suggested by the Smith Level Alliance and Southern Village to the proposed committee. Council Member Brown said she had some suggested language changes related to the resolution, including the addition of these citizens.

Mayor Waldorf reviewed the six names proposed to be added to the committee. She also noted that the addition of a Transportation Board representative had been suggested.

Council Member Franck suggested adding representatives of Southern Village development and the Greenways Commission.

Noting that she supported naming all of the persons referenced so far to the committee, Council Member Brown said it was very important to determine whether or not persons who had served on the Southern Small Area Plan Work Group also wished to serve on the proposed committee.

Council Member Andresen said the options before the Council appeared to be appointing all of the suggested members and see who attended the meeting or fine tuning the proposed membership list. Stating that it was important to have community residents on the committee, Council Member Evans said she was willing to volunteer to remove herself from the proposed committee.

Council Member Brown suggested naming all of the persons suggested this evening to the proposed committee and requested that staff contact prior members (Southern Small Area Work Group) to determine whether or not they would be willing to serve on the proposed committee.

Mayor Waldorf suggested that the Council could appoint the six citizens named this evening, as well as representatives from the Transportation Board and Greenways Commission, with staff polling the balance of persons who had previously served on the Southern Small Area Plan Work Group. Council Member Powell said she favored the Council moving ahead with appointments this evening.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 13, ADDING A "BE IT FURTHER RESOLVED" CLAUSE REGARDING THE ADDITION OF EIGHT MEMBERS AS REFERENCED BY MAYOR WALDORF.

Council Member Brown suggested making minor modifications to the committee's charge. Council Member Chilton said he thought the proposed amendments were friendly and made sense. Council Member Evans asked whether it followed that the Council was choosing a specific course of action if a citizen had made a comment to this effect at a public hearing. Council Member Brown stated that citizen comments were an important part of the overall hearing record. Mr. Horton said it was a fairly straightforward matter to assemble the record of prior hearings. Council Member Chilton said he thought it was reasonable to include public comments in the materials to be forwarded to the committee.

Mayor Waldorf noted that the proposed committee was purely advisory to the Council. Mr. Karpinos noted that if changes were proposed in future sections of the project, this would need to be included in future hearing records.

Council Member Capowski said the simpler the committee's charge was, the better the committee would be able to perform its duties. He also noted that the developer would not be working for the committee and that the role of Town staff should be limited, given its current workload.

Stating that the committee's charge was quite explicit, Council Member Pavão said he did not any reason to add any more language to the proposed committee charge. Expressing concurrence that simplicity was beautiful, Council Member Brown said it was important to have specific language which would not limit the committee. Council Member Pavão said he believed that the proposed resolution was sufficiently flexible. Council Member Evans said she liked the present wording of the resolution.

Mayor Waldorf stated that the motion on the floor was to add the wording to the resolution suggested by Council Member Brown. The motion was adopted by a vote of 5-4, with Council Members Andresen, Brown, Chilton, Franck and Powell supporting the motion.

Council Member Evans asked how the committee was expected to respond to questions such as school related matters. Council Member Powell asked whether or not the Council was voting on which questions on pages 6-8 of the staff's memorandum should be answered. Mayor Waldorf stated that the staff was recommending that the committee look at a portion of the issues raised in the citizens' petition.

Council Member Andresen said if the sentence in the resolution containing the words "as proposed", the committee would look at all issues raised in the citizen petition. Noting that the report's proposed timeframe of April 15th was in the very near term, Council Member Chilton said it was fair to expect that the committee would be unable to provide definitive answers to all of the questions raised.

Council Member Pavão noted that although the work of Randall Arendt was widely respected, it was not "gospel". Council Member Evans suggested leaving the words "as feasible and appropriate" in the proposed resolution. Council Member Brown suggested deleting the reference of "as suggested by the writings of Randall Arendt".

THE MOTION TO AMEND THE RESOLUTION WAS APPROVED BY A VOTE OF 6-3, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

THE MAIN MOTION, RESOLUTION 13, AS AMENDED, WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

A RESOLUTION REQUESTING THAT THE SOUTHERN AREA SMALL AREA PLAN WORK GROUP PLUS ADDITIONAL NEIGHBORHOOD REPRESENTATIVES CONVENE FOR PURPOSES OF EXAMINING WORK-TO-DATE AND FUTURE WORK AT THE SOUTHERN VILLAGE (96-2-12/R-13)

WHEREAS, the Council of the Town of Chapel Hill adopted a Southern Area Small Area Plan in 1992, developed by a Southern Area Small Area Plan Work Group; and

WHEREAS, a key component of that plan was a call for a centrally located mixed use village to be developed; and

WHEREAS, a development, known as Southern Village, has been approved by the Town Council in accordance with the Small Area Plan and is currently under construction; and

WHEREAS, the Town Council desires an examination to be made of work in progress at the Southern Village;

NOW, THEREFORE, BE IT RESOLVED that the Council requests the Southern Area Small Area Plan Work Group plus neighborhood representatives of Southern Village Development, the Greenways Commission and Transportation Board to convene with the following charge:

1. Conduct a review of work-to-date at the Southern Village Development in order to make the following comparisons:

- Compare the development as built to-date with the Southern Area Small Area Plan, including comprehensive plan addition of June 23, 1992, original staff and developer comments and council and public comments.

- Compare the development as built to-date with the Council-approved Master Plan and Special Use Permits.

2. Prepare a response to those issues raised in the January 10 petition from the Smith Level Alliance.

BE IT FURTHER RESOLVED that the Council requests that the Work Group prepare a report as outlined above, to be submitted to the Town Council by April 15, 1996.

This the 12th day of February, 1996.

Item 11 Horace Williams Property Rezoning

Mr. Horton said this matter was clearly a policy matter for the Town Council to decide. Mr. Waldon presented an overview of a petition previously submitted by the residents of the North Haven subdivision. He noted that staff recommended adoption of Resolution B, acknowledging Chancellor Hooker's letter to the Town regarding the University's future development plans for its Horace Williams properties.

Dr. William Whitehead, a resident of North Haven subdivision, said he supported the Council's adoption of Resolution A. Dr. Whitehead stated that many residents of the North Haven and Ironwoods subdivisions objected to the possible utilitarian use of a portion of the Horace Williams property proximate to these two subdivisions. He stated that area residents were especially concerned about the safety of children and potentially adverse impacts on property values. Dr. Whitehead urged the Council to provide maximum protection to neighborhood residents by scheduling a public hearing at which residents could address the University's zoning proposals.

Victor Friedmann, speaking on behalf of the Alliance of Neighborhoods, said it was very important for the Town and University to work together. He also said it was important for the Town to protect the interests of its residents. Citing the importance of addressing growth issues, Mr. Friedmann urged the Council to adopt Resolution A, calling a public hearing on the possible rezoning of the Horace Williams property.

Dr. Elson Floyd, University Vice Chancellor and Chief of Staff, said the University had engaged in an open and deliberate process relative to land-use planning. Stating that the current process had begun in November, 1994, Dr. Floyd said that Town advisory boards had many opportunities for input throughout the process.

He also stated that the process had been very active and consultive in its nature.

Stating that the University and Town were engaging in fabulous collaborative efforts, Jim Protzman said decision making in the face of paranoia was not the way to do things. He also urged the Council to "let this one go".

Dave Tauber, a resident of Ironwoods subdivision, stated that the area proposed for utilitarian uses was landlocked, with no other access other than to Seawell School Road. Mr. Tauber stated that there was a large amount of land which could be used for utilitarian uses on the other side of the existing airport facility. He suggested that the parcel proposed for utilitarian uses could ideally be used for building staff and faculty housing.

Council Member Chilton said the matter before the Council did not involve an issue of trust. Council Member Chilton stated that he

absolutely trusted the University's word that they did not intend to bring in development applications until the planning process was completed. He said the issue was the deeply flawed zoning category of O&I-3, which prohibited very few land uses. Council Member Chilton also said it was reasonable and fair to expect that the University would live by the same rules as any other property owner, including filing applications for special use permits. Noting that no offense or hostility to the University was intended, Council Member Chilton said O&I-3 had no place as a zoning category relative to new development.

Expressing her concurrence with Council Member Chilton's remarks, Council Member Andresen stated that the collaborative public process between the Town and University should continue. Stating that the Town's citizens deserved certainty in this matter, Council Member Andresen said she thought that the Council would ultimately find a better and new zoning category.

Stating that he trusted the University as much or more than any other landowner in the Town, Council Member Franck said that interim zoning was a completely separate issue from the ultimate regulation of land. Council Member Franck said he had very high expectations that the Planning Board could produce a timely recommendation regarding a new zoning category. He also said it was important for communications to continue between the Town and University to occur at the highest levels.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 14A, EXCLUDING THE LANGUAGE HE HAD SUGGESTED EARLIER CONCERNING THE EXCLUSION OF SUBSECTIONS 4 & 5.

Noting the important role of the Council in the overall planning process, Council Member Brown said if this resolution were adopted this evening, it did not mean that the ongoing process would stop.

Stating that he had been a participant in, and observer of, Town and Gown relations for about twenty years, Council Member Capowski stated that the Town was a self-incorporated resource which was very important to the entire state. He said that sometimes the needs of the Town conflicted with those of the State. Council Member Capowski stated that Town and Gown relations had vastly improved during the past few years. He suggested that the Council look to the Planning Board, Planning Panel and JJ&R Associates to come up with a final zoning category for use on the Horace Williams property.

Council Member Pavão said he believed that the matter was one of collaboration, rather than trust. He noted that the JJ&R, the project's land-use planning consultant, was in the process of developing recommendations for possible uses of the utilitarian area. Stating that the Town's recommendation for this portion of the utilitarian area was for use as a passive recreation area, Council Member Pavão said he was pleased with the work and recommendations of the UNC-Chapel Hill Planning Panel to date.

Noting that the planning process was proceeding better than anticipated, Council Member Pavão urged the Council not to put the overall process into jeopardy.

Stating that it was very important to recognize what had been achieved since November, 1994 regarding this matter, Mayor Waldorf said a very good set of goals and principles had repeatedly been brought before the Council and public for full and open discussions. Mayor Waldorf said she believed that the Council should move forward with public hearings on zoning districts which might be appropriate for the Horace Williams property, including the recommendations of the Planning Board.

Mayor Waldorf suggested an alternate approach of holding a public hearing on "real" zoning categories prior to the Council's summer recess.

Council Member Andresen suggested that the Council draw some limits on its discussion of this matter.

COUNCIL MEMBER EVANS MOVED TO TABLE COUNCIL MEMBER CHILTON'S MOTION AND CONSIDER THE IDEA BROUGHT FORTH BY MAYOR WALDORF.

Council Member Evans said that the Council needed to start looking at the matter of permanent rezoning. Stating that building on the Horace Williams tract would not take place anytime in the very near future, Council Member Evans said that citizens could be assured that the interests of neighborhoods would continue to be protected. Saying that the Council needed to proceed with caution in this matter, Council Member Evans stated that O&I-3 zoning was an albatross-like zoning category which needed to be replaced by a newly created zone.

Noting that the Council had a lot of material to absorb in this matter, Council Member Brown suggested that the Council continue its discussion on the next item on the agenda.

Council Member Capowski inquired about Council Member Evans reasons for suggesting the proposed motion to table. Council Member Evans said tabling the matter would give the Council an opportunity to review and digest Mayor Waldorf's alternate proposal, possibly taking the matter up on February 26th.

COUNCIL MEMBER PAVÃO SECONDED COUNCIL MEMBER EVANS' MOTION. THE MOTION TO TABLE FAILED BY A VOTE OF 4-5, WITH MAYOR WALDORF AND COUNCIL MEMBERS EVANS, FRANCK AND PAVÃO SUPPORTING THE MOTION.

Council Member Franck moved to amend Resolution A to include a suggested hearing date of June 17th, rather than May 20th, and to add language stating that any other new zone developed prior to the hearing could be considered at that time. Council Member Franck said he applauded Mayor Waldorf's idea to pull the zoning related concerns together prior to the Council's summer break.

Council Member Chilton said he was willing to accept the proposed language as friendly amendments. He also suggested that language he had proposed earlier concerning the exclusion of subareas 4 and 5 not be added to Resolution A. Council Member Chilton expressed concern that the proposed timeframe relative to property rezoning might be too ambitious. Mayor Waldorf noted that she had requested staff to put together a suggested timetable in the matter. Mr. Horton stated that the proposed schedule appeared to be feasible.

Expressing her support for Council Member Franck's suggested additions, Council Member Andresen said it might be a good idea for the Council to have some time to digest the overall proposal.

Council Member Brown said it would have been desirable for the Council to have an opportunity to work together to further the develop and fine-tune the alternate proposal suggested this evening by Mayor Waldorf. Mayor Waldorf stated that unfortunately, she was not aware of the proposed timetable until last Friday evening.

Council Member Capowski asked whether it was reasonable to think that the necessary parameters for rezoning would be in place by June 17th. Mayor Waldorf said she thought that this was reasonable. Council Member Franck said he thought that the Council would have enough information to establish a new zone by this time.

Council Member Evans said it was very important for the Council to give direction to the Planning Board about whether or not the rezoning matter was a high priority item.

RESOLUTION 14A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO REZONE A PORTION OF THE HORACE WILLIAMS PROPERTY FOR JUNE 17, 1996 (96-2-12/R-14a)

WHEREAS, the Council has received a petition from the North Haven and Ironwoods neighborhoods requesting that the Council consider rezoning two portions of the Horace Williams property adjacent to their neighborhoods; and

WHEREAS, the Council desires to manage potential growth on University property in a manner to ensure conformance with the Town's Comprehensive Plan and policies;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council elects to consider rezoning the property in the Horace Williams tract as shown on the attached Map 1 to one of the following non-residential zoning categories in the Town's Development Ordinance:

* Office-Institutional 1

* Office-Institutional 2

* Neighborhood Commercial

* Community Commercial

* Any other new zones developed by time of June 17th public hearing

BE IT FURTHER RESOLVED that the Council hereby calls a public hearing for June 17, 1996 at 7:00 p.m. in the Council Chamber, Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. to consider this zoning.

This the 12th day of February, 1996.

Council Member Andresen said that the Council needed to respond in some manner to Chancellor Hooker's letter regarding development of the Horace Williams tract. Referencing a letter of December 11, 1995 from Mayor Waldorf to Chancellor Hooker about the Horace Williams property, Council Member Andresen expressed concern that she and other Council Members had not been aware of this letter's existence until recently. She said it was very important for information about matters of this type to be public and open and above board.

Stating that Mayor Waldorf was simply continuing discussions with Chancellor Hooker which had been initiated by former Mayor Kenneth Broun, with the Council's knowledge and approval, Council Member Pavão said he believed that Mayor Waldorf had done nothing underhanded in handling this matter.

Stating that the Council had a longstanding policy of sharing information, Council Member Chilton said he would like to have been kept apprised of ongoing negotiations in the matter.

Expressing her apology for any miscommunications in the matter, Mayor Waldorf noted that she had been in office for seven days when the letter in question had been written. She noted that the letter was tied to a policy adopted by the Council in April, 1995 and had contained the phrase "...if you agree (Chancellor Hooker), I'll take this matter before the Town Council." Mayor Waldorf noted that the Horace Williams matter had been discussed by former Mayor Broun and former Chancellor Hardin, with former Chancellor Hardin leaving the matter under advisement to Chancellor Hooker.

Council Member Pavão said he believed that Mayor Waldorf was acting in good faith and in a manner in which the Council had asked her to in her capacity as Mayor. Council Member Chilton said he was not suggesting that Mayor Waldorf had done anything underhanded. He said the important matter was that the Council had never agreed that it was not going to rezone the Horace Williams and Mason Farm tracts.

Noting the Council's vital role as policymaker, Council Member Brown said she thought it was very important for the Council to receive copies of anything written by the Mayor pertaining to Town business. Stating that the Council had passed a resolution some time ago about discussing fiscal impacts, Council Member Brown suggested that this matter could be brought before the Council in the near future for discussion and action.

Council Member Pavão sought a clarification about whether or not some Council Members were requesting that Mayor Waldorf provide draft language on all matters to the Council.

Council Member Capowski said he was concerned that the Council was being left out of the information loop on some matters. He stated that the Council should have been provided with more information about negotiations with University officials relative to the future of the Horace Williams property.

Council Member Evans said she did not think it was a good idea for the Council to see every letter written by the Mayor. She added that the Council had some rights in this regard. Council Member Brown suggested that this matter could be taken up when the Council discussed possible revisions to the Council's Procedures Manual.

Council Member Andresen noted that the Council could consider adopting Resolution B as a follow-up to the Chancellor's letter to the Town. Council Member Franck said that adoption of this resolution would send a very strong signal on the matter. He suggested that doing nothing regarding Resolution B would be much simpler.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO DIRECT MAYOR WALDORF TO FORWARD A 'NICE LETTER' TO CHANCELLOR HARDIN REGARDING THE HORACE WILLIAMS MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 Items by Council Members

UNC Land Use Planning/Rezoning Process

Council Member Brown said that Council Member Andresen and herself were suggesting possible changes to the charge of the UNC-Chapel Hill Planning Panel relative to the University's planning and zoning processes.

Council Member Andresen said the most important aspect for the Council's consideration was the clarification of roles in the process. Referencing Mayor Waldorf's earlier proposal, Council Member Andresen suggested that the Council consider the matter of role clarification at a future Council meeting.

Council Member Pavão said that the UNC-Chapel Hill Planning Panel understood that its role was advisory, with the Council to make the final and ultimate decisions in the matter.

Emphasizing the importance of watching details relative to the process, Mayor Waldorf said she thought it would be quite possible to present a set of goals and objectives relative to future development of the Horace Williams property. Council Member Pavão said he did not know what would be achieved with this finality. Mayor Waldorf said the suggested goals and objectives could be presented on February 26th.

Council Member Brown said that bringing in a report did not mean that work would not be continuing. She stated that the focus was on getting the goals in a form for the rest of the process to take place.

Mayor Waldorf noted that she had inadvertently failed to recognize Scott Radway as a speaker on this item. Planning Board Member Scott Radway said that the Board was somewhat confused about the overall planning process. Mr. Radway said he believed that it would be a difficult task to develop a possible new zoning district by the proposed June 17th public hearing. He stated that an essential building block in this process was for the Council to make solid decisions about goals and objectives, including intensities and floor area ratios and impervious coverages.

Thanking Mr. Radway for his remarks, Council Member Brown noted that she had only taken a few principles and goals from the land use section as examples. She suggested that Mayor Waldorf, Council Member Andresen and herself get together to develop a more acceptable document for the Council's discussion and consideration.

Mayor Waldorf suggested that the Council ask the Manager to look into the possibility of hiring a consultant relative to the zoning process. Council Member Brown said she would like to see a list of possibilities in this regard. Council Member Capowski said the consultant would need to be familiar with North Carolina development-related laws. Mayor Waldorf said it appeared to be the Council's consensus to authorize the Manager to seek a consultant in this matter.

Establishment of Affordable Housing Committee

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 14.1, CREATING A COMMITTEE ON AFFORDABLE HOUSING MATTERS.

Council Member Capowski inquired whether he had any idea about matters relative to affordable housing which might be brought up at the February 29th Assembly of Governments meeting. Council Member Chilton said he had no specific information in this regard.

RESOLUTION 14.1 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A CHARGE TO AND COMPOSITION OF A COMMITTEE TO MAKE RECOMMENDATIONS ON AFFORDABLE HOUSING INITIATIVES (96-2-12/R-14.1)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council will appoint a Committee on Affordable Housing Initiatives with the following charge and composition:

The Committee shall have 11 members including:

1. One representative designated by each of the following:

the Carrboro Board of Aldermen,

the Orange County Board of Commissioners,

the Chapel Hill Town Council,

the Chapel Hill Housing and Community Development Advisory Board,

the Orange Community Housing Corporation,

the Inter-Faith Council, and

the Knolls Development Association; and

2. Three at-large members appointed by the Town Council.

The Committee shall have the following responsibilities:

To review existing studies and needs assessments regarding affordable housing strategies.

To recommend a limited, realistic number of affordable housing priorities which could begin within about one year or less.

To recommend to the Town Council and the Housing and Community Development Advisory Board by May 29 an action plan for affordable housing initiatives. The recommended action plan shall include:

1. Specific steps to get housing initiatives underway through governmental action, by stimulating private sector actions, or both.

2. Funding sources.

BE IT FURTHER RESOLVED that the Council authorizes the Mayor to invite the jurisdictions and organizations listed above to designate representatives on the committee.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to provide assistance such as copying and mailing of materials to the Committee.

This the 12th day of February, 1996.

Council Member Andresen requested that the Affordable Housing Committee explore the possibility of property tax exemptions for some older persons.

Triangle J COG Report

Council Member Evans noted that the Council would receive a status report on Triangle J activities every other month.

Item 13 Landfill Site Selection

Solid Waste Director Gayle Wilson said site OC 17 was recommended by a technical consultant and the Landfill Search Committee as the site of Orange County's next landfill. He noted that a particular emphasis had been placed on the social aspects of the siting process. Mr. Wilson said the site selection process had involved a very long, open and public process, with most public hearings being well-attended. Noting that there was no one perfect site, Mr. Wilson said any of the four final sites could have been permitted.

Town Attorney Ralph Karpinos noted that it would be necessary for the Council and other local governing boards to have another public hearing on the matter prior to a final vote. Council Member Franck inquired why it was necessary for the Council to vote on the matter this evening. Mr. Horton said the vote was intended to give direction to the staff on the preparation of materials for the public hearing.

Roger Barr said he opposed the proposal because another landfill was not essential in Orange County. He stated that the Durham landfill was not getting enough trash to support its facility's operations. Mr. Barr said it would cost about $600,000 more per year to have a landfill in Orange County, rather than sending the County's waste to another nearby county. Mr. Barr asked that the Council consider the matter carefully before making a final decision.

Stating that the overall process was a laborious and tedious one, Jim Protzman said the professional staff had done an extraordinary job of coordinating the process. Stating that the Landfill Owners Group had not entertained alternatives to landfilling, Mr. Protzman asked that the Council table the matter this evening. He also stated that there had only been very trivial discussions with other area counties about the possibility of joint landfill sites. Mr. Protzman also said that he thought it was wrong to put a dump in the middle of the urban services area and the northwest portion of the Town. Stating that the Council had a moral responsibility to look for cooperation on a regional landfill, Mr. Protzman said he encouraged the Council to ask the Manager to start looking at alternatives in this matter. He also urged the Council to keep an eye on the Landfill Owners Group relative to organizational matters.

Speaking as representative of the Town's Landfill Owners Group contingent, Council Member Chilton stated that the Landfill Owners Group, by a vote of 3-1, had adopted a resolution recommending the use of a portion of OC-17 as a future landfill site. Noting that the process had been a long and involved one, Council Member Chilton said it was understandable if the Council chose not to act on the matter this evening. Referencing earlier remarks by citizens, Council Member Chilton said it was not entirely accurate to say that the proposed site was tremendously smaller. He stated that part of the reason that reduced site acreage could be suggested was that there was an existing landfill site nearby. Stating that no one on the Council felt stronger about justice and fairness considerations for Orange County residents than Council Member Brown and himself, Council Member Chilton said that the suggestion that trash be sent elsewhere was morally repugnant.

Council Member Chilton stated that sending trash elsewhere was an outrageous idea and amounted to running and hiding from a problem. Noting his personal willingness to consider a regional landfill, Council Member Chilton said no jurisdiction had expressed a preference for siting such a facility. Concerning future landfill operations, Council Member Chilton said it was critical that all area governments be involved in the process of setting policies for waste matters. He stated that if the Council chose to reject site OC-17, the remaining options were for (1) the County to proceed with site OC-17, without the Town's approval or (2) Orange County to suggest building the landfill facility outside of the county. Council Member Chilton said that the second option was totally repugnant. He also stated that walking away from the table at this point would set back the overall siting process by at a least a decade.

Council Member Andresen inquired about the possibility of Landfill Owners Group funds being used for water lines, to be used as safeguards against potential groundwater contamination.

Council Member Chilton said the Landfill Owners Group was looking at this possibility as well as a number of other related possibilities.

Council Member Brown expressed her concurrence with Council Member Chilton's remarks. She stated that the landfill siting process was not an easy one for citizens or elected officials. She also noted that a number of alternatives to landfilling, including mass composting, had been examined. Council Member Brown said the Council needed to go forward in this matter.

Stating that Mr. Protzman had raised some interesting issues in his remarks, Council Member Evans said she was not ready to vote on the matter this evening. Council Member Evans said she wanted to receive additional information about a smaller site, buffering, why a landfill should be located within Town limits and why there should be two landfills within the urban services area boundary.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO TABLE CONSIDERATION OF RESOLUTION 15. THE MOTION FAILED BY A VOTE OF 4-5, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO AND MAYOR WALDORF SUPPORTING THE MOTION.

Thanking Council Members Brown and Chilton and former Council Member Protzman for their work on this matter, Council Member Capowski inquired whether or not consistent criteria had been used to consider site OC-3, a smaller site, as a possible landfill site. Council Member Chilton said the Landfill Owners Group had not been looking for a smaller site. Council Member Capowski asked whether it was correct that the community had demonstrated the need for a reduced landfill site during the last few years. Council Member Chilton said this was correct. He also noted that greater mounding had been taking place at the existing landfill site.

Council Member Brown stated that waste reduction was a number one priority goal, with a reduction goal of fifty percent being the near-term objective. She noted that the primary reason for not selecting site OC-3 (the Green tract) related to Federal Aviation Administration regulations and the proximity of the site to Horace Williams airport. Council Member Chilton also noted that the Council had adopted a resolution assuring area residents that a landfill would not be located on this site.

Stating that all political processes were flawed to some extent, Council Member Andresen stated that the selection committee had done its best to recommend a landfill site.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 15.

Council Member Brown suggested amending the proposed resolution to recommend a reduced site OC-17. The motioner and seconder concurred.

Council Member Pavão said he would not support the resolution because there were too many unanswered questions which remained unresolved. Council Member Evans said she was sorry that it appeared that the Council did not feel that it was important to get answers to questions raised by citizens on this matter.

RESOLUTION 15, AS AMENDED, WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND PAVÃO VOTING NO.

A RESOLUTION RECOMMENDING THE SELECTION OF A REDUCED ACREAGE SITE OC-17, LOCATED ADJACENT TO THE EXISTING LANDFILL ON EUBANKS ROAD, AS THE SITE OF THE NEXT SANITARY LANDFILL IN ORANGE COUNTY (96-2-12/R-15)

WHEREAS, there is a need for a new landfill once the current facility reaches capacity and that the landfill be developed as part of an integrated solid waste management plan; and

WHEREAS, a landfill site search was initiated in 1990, by the boards of Carrboro, Chapel Hill and Orange County; and

WHEREAS, the process included establishment of a citizens committee to conduct the county-wide search for potential sites; and

WHEREAS, the local governments obtained the services of a engineering consulting firm to assist in the technical aspects of the process; and

WHEREAS, the engineering consultant found that all four of the candidate sites were permitable as a landfill and recommended OC-17 as the most preferred site; and

WHEREAS, the five year process concluded with the citizens Landfill Search Committee making their recommendation to the Landfill Owners Group of OC-17 as being the most suitable site; and

WHEREAS, the Council has received a recommendation from the Landfill Owners Group to approve of the selection of a reduced site OC-17 as the next sanitary landfill in Orange County, and

WHEREAS, it is the intention of the Council to negotiate purchase of all property at fair market value, but will recommend the use of the power of eminent domain if necessary to acquire land that is necessary for the public purpose of managing the disposal of solid waste; and

WHEREAS, the Council is committed to early adoption and implementation of an integrated solid waste management plan and a goal of a minimum 50% reduction of solid waste requiring disposal; and

WHEREAS, the Council is committed to insuring surrounding neighbors receive fair and just compensation for any losses; and

WHEREAS, the Council has concluded that a reduced OC-17 is the most suitable site for the next landfill for managing Orange County's waste because:

* Recommended by engineering consultant

* Recommended by Landfill Search Committee

* Accessible to sewer service for leachate disposal

* Accessible to water service to mitigate any groundwater contamination should it occur

* Eliminates need to relocate waste processing facilities after closure of current cells

* Affords potential for reprocessing material buried in landfill at this site

* Minimizes additional acreage required by using a portion of the existing landfill property, and

NOW, THEREFORE, BE IT RESOLVED by the by the Council of the Town of Chapel Hill that the Council authorizes the selection of a reduced site OC-17 as the site for the next sanitary landfill in Orange County, and

BE IT FURTHER RESOLVED, that the Council urges the Landfill Reorganization Work Group to complete its work as soon as feasible, so that acquisition, financing, design and construction of the new landfill may proceed.

This the 12th day of February, 1996.

Item 14 Council Work Plan

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

Council Members Andresen and Brown noted that they would be bringing a report to the Council on February 21st concerning options and tools for growth management. Council Member Evans requested that the Council receive these materials as far in advance as possible.

RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A WORK PLAN FOR THE TOWN COUNCIL BASED ON THE COUNCIL'S PLANNING SESSION ON JANUARY 13, 1996 (96-2-12/R-16)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the following work plan based on the Council's discussions on January 13, 1996:

	Item	Schedule
1	Manager will develop a recommended budget based on the Council's direction on January 13 and February 5th and subsequent discussion by the Council.	Manager will submit a preliminary budget report on March 13 and recommended budget on April 22. Following public hearing on May 15th, the Council may adopt a budget on June 3rd.
2	Boards and commissions to be asked for comments on services which could be eliminated, priorities for services which should continue, etc.	Resolution adopted on January 29th requesting boards' comments by April 22 regarding housing-related grant applications and by May 15 regarding the Town budget.
3	Committee of Council Members Evans, Pavão and Richard Franck will make recommendations on possible changes in Council's procedures for conduct of meetings, time management, etc.	Report to the Council to be provided in April, 1996 .
4	Proposed revisions in the Town Council's Procedures Manual to be considered.	Proposal is pending.
5	Manager to report on options for communications training for the Council.	February 12th Council meeting.
6	Staff reports are to include discussion of options and their advantages and disadvantages.	Ongoing item; Council will have further discussion in August planning session.
7	Discuss how to address housing needs of low-income families.	Proposed item for Orange County Assembly of Governments' meeting scheduled for February 29. Council Member Chilton will also draft a proposed resolution for the Council's consideration.
8	Manager to report on options for reviewing and revising the Comprehensive Plan; report will include discussion of costs, effect on other projects, etc.	Third quarter of 1995-96.
9	Work with other local governments on the need to continue and in the future to increase State funding for public transportation.	Proposed item for Assembly of Governments meeting on February 29th. Discussions will also be pursued through Triangle J Council of Governments and Transportation Advisory Committee for Durham-Chapel Hill-Carrboro urban area.
10	Mayor pro tem Brown and Council Member Andresen will make a proposal for how to consider growth management issues.	Third quarter, 1995-96.
11	The Mayor will draft a description of the role of Council Members who serve as liaisons to boards and commissions.	Done.

This the 12th day of February, 1996.

Item 15 Council Communications Workshop

Council Member Capowski suggested that the Council work with Pat Fischer on this matter. He noted that Dr. Fischer had already interviewed and worked with each of the Council Members. He also suggested that the instrument for testing effectiveness on page eight of the staff's memorandum might be a good resource tool.

Council Members Evans and Pavão stated that Dr. Fischer had done a good job of facilitating the Council's most recent planning session.

Council Member Brown said she had recently attended an Institute of Government workshop which she thought was very good. She also said that the Institute developed materials which were specifically intended for use by governing bodies. Finally, she stated that there would be no charges for training provided by the Institute. Council Member Franck expressed his concurrence with Council Member Brown's observations.

Mayor Waldorf said she favored having Dr. Fischer facilitate the training.

Council Member Andresen suggested the possibility of having Dr. Fischer provide initial training on listening skills and having the balance of the training handled by the Institute of Government. Mayor Waldorf said she did not favor this approach because it could extend the length of the proposed workshop to as long as two and a half days. She suggested that the Council defer discussion of the matter to the February 26th meeting. There was Council concurrence on this point.

Item 16 Consent Agenda

Dual Cable Converter Boxes

Noting past public discontent with the use of cable converter boxes, Council Member Brown said the proposed action did not seem quite right. Council Member Capowski said that the existing converter boxes would not disappear within the context of the current franchise agreement.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BROWN AND POWELL VOTING NO.

A RESOLUTION APPROVING A PROPOSED RATE FOR MONTHLY RENTAL OF CONVERTERS WITH DUAL TUNERS (96-2-12/R-4)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council approves the attached order prepared by the City of Raleigh staff

and dated February 5, 1996, regarding the Federal Communications Commission form 1205 rate filing by Cablevision (Time Warner Cable) dated October 30, 1995.

This the 12th day of February, 1996.

Comments on TTA Report

Council Member Pavão suggested amending Resolution 5 to include referral to the Planning Board. Council Member Evans said she advocated the same idea. Council Member Franck noted that the Triangle Transit Authority's recommendations did not differ much from the preliminary recommendations.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 5, ADDING REFERRAL TO THE PLANNING BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING A REQUEST BY THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA TRANSPORTATION ADVISORY COMMITTEE FOR COMMENTS CONCERNING THE TRIANGLE TRANSIT AUTHORITY REQUEST TO INCLUDE THE TRIANGLE TRANSIT AUTHORITY REGIONAL TRANSIT PLAN IN URBAN AREA TRANSPORTATION PLAN (96-2-12/R-5)

WHEREAS, the Triangle Transit Authority has submitted its Regional Transit Plan to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee for incorporation into the Regional Transportation Plan; and

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has designated a 60 day public comment period on the Triangle Transit Authority request; and

WHEREAS, the Town Council will prepare a recommendation at its February 26, 1996 meeting.

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Transportation Board be requested review the Triangle Transit Authority request and prepare comments for the Council's consideration.

This the 12th day of the February, 1996.

Information Reports

Council Member Andresen said she had some questions relative to the Culbreth Park homeownership program. Noting the lateness of the hour, Mayor Waldorf suggested that this item be included for discussion on the Council's February 26th regular agenda. There was Council concurrence on this suggestion.

Council Member Andresen suggested that the Council discuss action items relative to the Parks and Recreation Work Group report to local governments. Mayor Waldorf said this item could also be placed on the Council's February 26th agenda, for discussion prior to the February 29th Assembly of Governments meeting.

There was no need for a closed session. The meeting concluded at 11:55 p.m.