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

TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 26, 1996 AT 7:00 P.M.

Mayor Waldorf called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Richard Franck and Barbara Powell. Council Member Lee Pavão was absent excused. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Police Captain Tony Oakley, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

There were no ceremonies.

Item 2a Public Forum on Potential Legislative Requests

Mr. Horton presented an overview of the item. Mayor Waldorf noted that there were no citizen comments on this matter.

Stating that staff had put together a good list of potential legislative requests, Council Member Andresen inquired about the possibility of pursuing authority relative to development impacts on schools.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 2b Public Forum on Transit Service Organization

Mr. Horton stated that local government managers in the Triangle had met to discuss options concerning the future provision of transit services. Mr. Horton said his recommendation was to foster an increased level of cooperation among transit services. Noting that this matter was clearly a Council policy decision, Mr. Horton said he did not recommend the merger of the Town's transit service with other local transit service providers.

Transportation Board Chair Ruby Sinreich said the Board failed to see any advantages in the Town's transit system being merged with other transit systems in the Triangle. She added that the Board had concerns about potential loss of services and increased expenses associated with such a merger.

Chris Carlson, a transit system employee since July, 1974, said she was proud to be affiliated with Chapel Hill Transit. Ms. Carlson expressed appreciation to the Transportation Board for their thoughtful review of organizational options. She also expressed concern that the Town's transit services could potentially be subjugated by the desires of the Durham and Raleigh transit systems. Ms. Carlson stated that the consolidation proposal also did not reference Chapel Hill Transit's E-Z Rider service. She also expressed concern that Town transit employees did not have collective bargaining rights under State law, unlike their private employee peers with the Durham and Raleigh transit systems.

Pearl Cohen stated that the provision of E-Z Rider services by the Town had enabled her to keep her job despite having suffered a chronically debilitating shoulder injury. Ms. Cohen urged the Council to leave the current E-Z Rider system in place.

Expressing concern that the Transportation Board had made a cursory evaluation of the consolidation proposal, James McEnery requested that the Council ask the Transportation Board to perform an in-depth evaluation of the proposal.

Chapel Hill Transit employee Mary Schwenzer said she had a number of concerns about the possible merger. She also expressed hope that the Council would take the Transportation Board's recommendations into account in its decision-making process.

Jason Stover, a driver for Chapel Hill Transit for five years, expressed concern about the placement of senior and newer drivers if system consolidation were contemplated. He also expressed concern about what might happen to employee benefit packages under a merger plan.

Stanley Norwood, a driver for Chapel Hill Transit for eight years, said although he realized that merger discussions were in their early stages, he had a number of questions. Mr. Norwood asked: (1) who's idea was the merger?, (2) how would it benefit employees and bus riders?, (3) would there be any changes in employee benefits and wages if the merger took place and (4) what would the pros and cons of a merger be? Mr. Norwood said the idea of merging Chapel Hill Transit with the Triangle Authority, Durham Area Transit Authority and Capital Area Transit might be attempting to fix something which was not broken. Mr. Norwood suggested leaving the Chapel Hill Transit service unchanged.

Risden Hill, a frequent rider of Chapel Hill Transit, said he wished to echo Ms. Cohen's remarks that the current service level was excellent and did not need to be adjusted. Mr. Hill stated that he had ridden on all of the Triangle's transit systems and Chapel Hill Transit was the best system by far.

Mayor Waldorf noted that she had met with Raleigh Mayor Fetzer and Durham Mayor Kerchoff last week. Mayor Waldorf said she believed that neither Mayor was eager to merge their transit system with other systems.

Council Member Capowski said that Chapel Hill Transit was a marvelous bus system. Noting that about 30,000 persons per day commuted to the University and UNC Hospitals while only about 3,000 Town residents per day commuted to the Research Triangle Park, Council Member Capowski said it was important for the Town not to sacrifice its autonomy relative to adjusting bus routes, if necessary. Stating that nothing needed fixing, Council Member Capowski said he did not favor proceeding any further with a merger proposal.

Stating that federal transit funding to the Town could be reduced by up to 44% in the next fiscal year and that it cost a significant amount of money to run a bus system, Council Member Andresen suggested that the Council leave the door open relative to possible changes in transit service levels. She inquired whether the recently initiated regional dialogue on transit matters would continue. Mr. Horton said he would welcome instruction from the council about formalizing communications on transit matters. Council Member Andresen suggested the possibility of a cooperative regional approach to the State legislature about a dedicated funding source, such as a gasoline tax, for mass transit. Mayor Waldorf said the Council had agreed to such an approach at its January 13th planning session.

Council Member Brown expressed appreciation to riders and employees of the transit system for their comments. Council Member Brown said she thought that the Transportation Board had done a good job of reviewing this matter. Council Member Brown also said that a concerted statewide effort was underway to find dedicated funding sources for public transportation and sidewalks.

Mayor Waldorf asked whether the Council wished to cancel the work session originally proposed for March 20th on regional transit services. There was Council consensus not to hold a work session.

Council Member Andresen requested that staff follow-up with an agenda item relative to future coordination and cooperation between transit systems in the Triangle. Council Member Evans requested that the staff's response address the matter of whether or not to include the University's P-to-P bus system in these discussions.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF FOR PREPARATION OF A FOLLOW-UP REPORT, ADDRESSING NON-CONSOLIDATION OPPORTUNITIES AT THE MARCH 13TH COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 2c Public Forum on Alcohol-Related Matters

Mr. Horton presented an overview of the matter, noting that State Law permitted local governments to forward comments to the Alcoholic Beverage Commission (ABC) concerning license renewal applications. He stated that violation of existing ABC laws had contributed to dangerous conditions in some local establishments,

especially pertaining to serving alcoholic beverages to underage and intoxicated persons.

Xavier Chakravarti said whenever anyone, especially students, drank, they were responsible for their own actions. He said that bar owners, police officers and others should not be blamed for the actions of persons who chose to drink alcoholic beverages. Mr. Chavravarti said he believed that bars were being unfairly targeted for enforcement efforts. Mr. Chakravarti said he recently visited a local restaurant with blocked emergency exits and where underaged persons were served alcohol beverages. He stated that no alcohol law enforcement, police or fire officials attempted to cite these violations. Mr. Chakravarti stated that on the same evening he saw vigorous enforcement of these same items. He expressed concern that citizen's rights were being violated by law enforcement officials during local bar raids. Mr. Chakravarti requested that the Council devote its attention to more important community issues.

Spencer Everett thanked the Council, Manager and Attorney for the work they had undertaken to date on this subject. Mr. Everett said he wholeheartedly supported the resolution drafted by staff. He requested that the Council consider the proposed minimum distance between alcoholic beverage establishments and schools or places of worship from fifty feet to as much as one mile. He also suggested expanding the conditions concerning convictions and violations for permits to include moral turpitude. Mr. Everett read excerpts of a letter from Town residents Linnea and Dean Smith, urging the Council to adopt more stringent regulations relative to alcoholic beverage standards.

Johnny Morris, Chair of the Chapel Hill-Carrboro Chamber of Commerce Board of Directors, thanked Mr. Everett for his efforts. He also thanked the Town's police officers and Alcohol Law Enforcement officers for their efforts in addressing alcohol-related problems. Mr. Morris said the Chamber of Commerce Board stood firmly behind the Council's action in this matter.

Kenneth McGee said he and his wife had entrusted their deceased daughter, Jamie, to the leadership of the University of North Carolina. Mr. McGee said his daughter was a beautiful, talented and gifted young lady who was very popular and bright and had died unnecessarily. Mr. McGee stated that there had been one hundred and four arrests in the Town this year for sale of alcohol to underage persons and possession of alcohol by minors, one of the worst records in the nation. Mr. McGee said it was very important for the Council to make the right decisions to resolve alcohol sales problems. Ms. McGee stated that her daughter was only carrying her student identification card the night of her death, rather than false identification.

Matt Sullivan, Coordinator of Drug and Alcohol Programs at the University of North Carolina, stated that students at the University received great services from the Town. He also stated that students and operators of establishments serving alcoholic beverages needed to be held accountable for actions such as avoidance of fire codes and serving alcohol to inebriated and underage persons. He expressed concern that the Town was getting a reputation in some circles of being a safe haven for allowing underage and inebriated persons to drink at establishments in the Franklin Street area. He urged the Council to take action to make the community a safer one.

Steve Wallace said that the Town insisted on enforcing laws which were not the social norm. He stated that some regulations pertaining to alcoholic beverage consumption were absurd. Mr. Wallace said that the Town kept adding police personnel to enforce unenforceable and counterproductive laws. He also stated that if the Council chose to adopt the revised resolution suggested by Mr. Everett, it would likely see a major drop in revenues from alcoholic beverage receipt taxes. Mr. Wallace said he believed that the Council was wasting its time with this matter.

Kevin Clyde, owner of Henderson Street Bar and Grill, said he ran his establishment by the letter of the law. Mr. Clyde said that a joint emphasis needed to be placed on stopping underaged drinking. He suggested that existing laws prescribing a $10 fine for underage drinking infractions needed to be made harsher on individual violators. Mr. Clyde also suggested the possibility of expelling students from the University when these students used false identification to purchase or consume alcoholic beverages.

David Wright said he worked for Spring Garden of Greensboro. Mr. Wright said although he urged the Council to make sure that existing laws were carried out, it was also important to ensure that bars and other establishments selling alcoholic beverage were not unfairly scrutinized regarding the conduct of their business.

George Iatridis said that he and his wife owned and operated the Nine plus Nine and Chip Shot business establishments. Mr. Iatridis also said that when Nine plus Nine initially opened, it did not sell alcoholic beverages and business was initially very poor. He noted that when beer was introduced at this establishment, business improved significantly. Stating that in the nation of his birth there were no alcohol laws, Mr. Iatridis expressed concern that existing regulations were targeting business owners rather than persons who were using false identification and knowingly breaking existing laws. He urged the Council to focus their energies on how people were obtaining and using false identification for the purchase and use of alcoholic beverages.

Jonathan McMurray expressed concern that the proposal involved the control of personal behavior. He stated that in a free society, people had tolerate behaviors which they did not necessarily like. Mr. McMurray also said that there was no such thing as the right not to be offended. He urged the Council to work with bar owners and bar patrons on this matter and not to control personal behaviors.

Council Member Chilton inquired whether or not staff could estimate the number of ABC permit applications that the Council might be asked to review. Mr. Horton said he could research this matter and report back to the Council in the staff's follow-up report. Council Member Chilton inquired whether or not business owners had to reapply for ABC permits. Mr. Horton said it was necessary for business owners to continuously meet certain requirements in order to renew their ABC permits. Council Member Chilton asked whether or not it was correct that the Council would only be reviewing applications for establishments which were not currently in existence or which chose to start serving alcoholic beverages. Mr. Horton said this was correct.

Council Member Waldorf asked whether it was contemplated that the Council might look at business licenses for establishments where Town law enforcement officials were unsatisfied with the efforts of ABC enforcement officers. Mr. Horton said any such situation could be brought to the Council's attention as it was discovered. He stated that it was quite likely that very few situations of this type would need to come before the Council.

Council Member Andresen inquired who was primarily responsible for ensuring that businesses selling alcoholic beverages did so in a lawful manner. Mr. Horton said this was principally handled through the State government. Council Member Andresen inquired how the State handled checks of establishments. Mr. Horton said that enforcement in Town establishments had varied from no enforcement to vigorous enforcement, depending upon who was heading the State Alcoholic Beverage Control Board.

Council Member Franck asked staff to prepare an analysis of what Alcohol Law Enforcement officials could do that Town law enforcement officers could not do. Police Captain Tony Oakley noted that John Simmons of the State Alcohol Law Enforcement (ALE) division was in attendance and could address Council questions on these matters. Mr. Simmons said the responsibility of ALE officers was to ensure that licensed establishments were in compliance with the State's alcohol beverage control rules and regulations.

Council Member Andresen inquired about the number of State ALE officers and how their enforcement efforts were determined. Mr. Simmons said that there were a total of one hundred and fourteen ALE officers statewide. He stated that locally there were a total of six officers to handle alcohol and drug enforcement matters in a seven county area. Mr. Simmons said his agency used both traditional and non-traditional law enforcement methods to respond to complaints from police officials, parents or other interested persons in individual communities. Mr. Horton stated that recent enforcement efforts had been most vigorous during Mr. Simmons tenure with ALE.

Council Member Brown inquired what methods were used for addressing the failure of individuals and businesses to comply with existing ABC regulations. Mr. Simmons said that an emphasis was placed on educational programs. Mr. Simmons noted that tomorrow evening he would be addressing a group of approximately one hundred students about State alcohol beverage regulations. He also said that individual business permittees were encouraged to contact ALE in order to limit business' liabilities relative to ABC regulations. Mr. Simmons also stated that ALE worked closely with police and sheriff departments on enforcement and education matters.

Council Member Evans inquired how Mr. Simmons agency handled the use of false identification by underage persons. Mr. Simmons said his agency offered classes and instruction on how to spot false identification. Council Member Evans asked how ALE dealt with persons making false identification cards and other documents. Mr. Simmons said that these cases were actively pursued and prosecuted. Council Member Evans inquired about the recent track record on the use of false identification. Mr. Simmons said he could provide follow-up information to staff on this matter.

Council Member Capowski asked whether it was possible to determine the number of bars in the Town which had had their licenses revoked in the past five years. Mayor Waldorf noted that this question needed to be answered within the context of enforcement efforts at the time. Mr. Simmons said he could provide this information to the Council in the future.

Expressing his condolences on the tragic loss of their daughter, Council Member Capowski expressed his thanks to Mr. and Mrs. McGee for their courage and their remarks to the Council earlier in the meeting. Council Member Capowski said he thought that the key word in this matter was "excessive". Council Member Capowski said it was unconscionable to serve alcoholic beverages to persons who had been drinking excessively. He inquired what tools could be used to address excessive drinking. Council Member Capowski also noted that the vast majority of persons in alcohol-related vehicle accidents in the Town during the last ten years were either college or high school students. Referencing paragraphs two, three and four of the proposed resolution, Council Member Capowski asked to justify their logic of their proposed language concerning alcohol beverage licenses.

Mayor Waldorf said that the matter before the Council was disturbing to different people for different reasons. She stated that it was important to have community standards. Mayor Waldorf also said she encouraged all parties to work together on this matter to find practical solutions. Mayor Waldorf requested the staff to investigate the possibility of having a more stringent penalty than the current $10 infraction for the use of false identification. She also said it was important to look for steps to take to make the downtown area as safe as possible.

Council Member Powell said it was very important for the Council to think more seriously about the matter and what actions the Council could take. Council Member Powell asked what follow-up action by the Town would mean to Alcoholic Beverage Commission officials. Mr. Karpinos said he believed that if the Council took a more affirmative stand on the matter, it would have more impact than at present. He stated that the Alcoholic Beverage Commission was obligated to consider comments from local governments.

Noting that the Council was taking no formal action this evening, Council Member Chilton said standard procedure was to refer hearing matters to the Manager and Attorney for preparation of a follow-up report.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY FOR PREPARATION OF A FOLLOW-UP REPORT.

Mr. Horton noted that the report could be presented to the Council on March 25th.

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

Item 3 Petitions

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER A LETTER FROM REVEREND BOWDEN, REGARDING STREET MAINTENANCE IN THE KNOLLS COMMUNITY, TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Noting that Council Member Capowski and herself had attended the OWASA retreat last Friday, Council Member Andresen suggested that the Council could possibly discuss the provision of regional water and sewer service, especially to Chatham County, at a future Council meeting. Council Member Andresen suggested that Mayor Waldorf write a letter to OWASA Board Chair Barry Jacobs, expressing the Town's desire to communicate on regional service matters. Expressing his concurrence with Council Member Andresen's remarks, Council Member Capowski noted that OWASA Board Attorney Bob Epting had noted that the next major problem faced in terms of wastewater treatment might be stream, rather than plant, capacity.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REQUEST THAT MAYOR WALDORF FORWARD A LETTER TO OWASA BOARD CHAIR BARRY JACOBS ABOUT LONG-TERM REGIONAL WATER AND SEWER ISSUES. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown said it was important for as many people as possible to be involved in planning Orange County's future goals and visions. Noting that applications for the Shaping Orange County's Future Task Force were available at Town Hall and locations throughout the community, Council Member Brown expressed hope that interested persons would submit their applications for the Task Force as soon as possible.

Council Member Capowski said he was unhappy and embarrassed by the poor condition of some State-maintained roads within Town limits. Council Member Evans said that the quality of some repairs was worse than the initial pothole.

Item 4.1 Consent Agenda

Council Member Brown requested removal of item j for discussion. Council Member Andresen requested removal of items a and f for discussion.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS A, J AND F. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (96-2-26/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 (excepting item g, submitted by Council Members Chilton and Pavão):

a. Minutes of January 22nd.

b. Easement near Willow Drive for Booker Creek sewer line (R-2).

c. Computer network bids (R-3).

d. Authorization to apply for federal reimbursement of certain Town costs related to snow and ice storms in early January, 1996 (R-4).

e. Budget transfers for landfill tipping fee increases (O-1).

f. Scope of and Town funding share for study of transportation alternatives for U.S. 15-501 corridor study between Chapel Hill and Durham ("major investment study") (R-5).

g. Budget amendment for facilitator to work with the Home Occupation Committee (O-2). Council Members Chilton and Pavão.

h. Allocating approximately $3,900 of 1994-95 Community Development grant funds to the Interfaith Council for a job training program (R-6).

i. Supporting inclusion of the Triangle Transit Authority's regional transportation plan in the transportation plans for the Durham-Chapel Hill-Carrboro urban area (R-7).

j. Options for changes to or eliminating bookmobile service (for further consideration in 1996 budget process) (R-8).

This the 26th day of February, 1996.

A RESOLUTION REGARDING A SEWER EASEMENT FOR THE BOOKER CREEK SEWER INTERCEPTOR PROJECT (96-2-26/R-2)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager and Attorney to execute a deed transferring an easement to OWASA as requested in a letter from OWASA dated December 17, 1995; provided, that the deed shall include substantially the following:

1. The Authority's indemnification of the Town in the event that the Town were sued in connection with OWASA's use, operation, construction, use, repair, etc. of the sewer line or the easement.

2. The Authority's indemnification of the Town from damages in the event that any third party, including a user of a greenway or other trail, causes damage to the sewer line or condition of the easement.

3. The right of the Town to build, maintain, etc. greenways or other paths, paved or unpaved, in the easement. The plans for such trails would be developed in consultation with the Authority.

4. An obligation of OWASA to repair or replace such greenways or paths to their prior condition if damaged or otherwise altered due to OWASA's use of the easement and operation of the sewer line, e.g., due to overflows, maintenance or construction work, etc.

5. An obligation of OWASA to meet Resource Conservation District requirements and Federal Emergency Management Agency requirements.

This the 26th day of February, 1996.

A RESOLUTION REQUESTING RECOMMENDATIONS CONCERNING TOWN COMPUTER NETWORK NEEDS (96-2-26/R-3)

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-2-26/O-1)

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

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 86,554 (60,000) 26,554

Public Works 7,300,225 60,000 7,360,225

This the 26th day of February, 1996.

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING JULY 1, 1995 AND ENDING JUNE 30, 1996 (96-2-26/O-2)

Current Budget

Increase

Decrease

Revised

Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency

15,721

(2,500)

13,221

Facilitator for Home Occupation Committee

-0-

2,500

This the 26th day of February, 1996.

A RESOLUTION APPROVING ECONOMIC DEVELOPMENT COMPONENT FUNDING FROM 1994-95 COMMUNITY DEVELOPMENT FUNDS (96-2-26/R-6)

WHEREAS, the Council has made commitments to the promotion of economic development opportunities for low- and moderate-income Chapel Hill residents; and

WHEREAS, the Council approved the use of $70,000 of 1993-94 funds and $40,000 1994-95 Community Development funds for economic development activities and appropriated $106,089 of these funds; and

WHEREAS, the InterFaith Council has requested the use of the remaining $3,911 of funds designated for economic development activities to continue operation of the Employment Project; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby allocates $3,911 remaining in the Economic Development Component of the Community Development Block Grant Program fund to the InterFaith Council to continue operation of the Employment Project.

BE IT FURTHER RESOLVED that the Council hereby approves and authorizes the Manager to execute on behalf of the Town, an amended performance agreement amending the budget amount for the Employment Project.

This the 26th day of February, 1996.

A RESOLUTION ENDORSING THE INCLUSION OF THE TRIANGLE TRANSIT AUTHORITY REGIONAL TRANSIT PLAN INTO THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA REGIONAL TRANSPORTATION PLAN (96-2-26/R-7a)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has adopted a Regional Transportation Plan; and

WHEREAS, the Triangle Transit Authority has prepared a Regional Transit Plan and requested that this Plan be incorporated into the Regional Transportation Plan; and

WHEREAS, the Transportation Advisory Committee has requested public comment on the Triangle Transit Authority request; and

WHEREAS, the Town Council has reviewed the Triangle Transit Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the inclusion of the Triangle Transit Authority Regional Transit Plan into the Urban Area Regional Transportation Plan, with the following comments:

1. The TTA Regional Transit Plan, particularly the station area planning and financing strategies, should be flexible enough to respond to the possibility of early implementation of the of the Durham to Chapel Hill corridor.

2. Regional Bus service within the existing urban areas, particularly between Durham, Chapel Hill/Carrboro and RTP should be expanded to take advantage of existing land use patterns and employment concentrations before there are significant expansions of service to outlying areas.

This the 26th day of February, 1996.

Item 4.2 Information Reports

Council Member Andresen requested removal of item e, for presentation of a report by Historic District Commission Chairperson Josh Gurlitz.

Mr. Gurlitz noted that the Historic District Commission was requesting that the Town Manager look into the possibility of adding a Zoning Compliance Officer position in the proposed 1996-1997 Town budget. Mr. Gurlitz said he would return at a future Council meeting to present the balance of the Commission's

recommendations.

Item 5 Board and Commission Nominations & Appointments

Nominations to Board of Adjustment

Council Member Powell noted that applications were still being accepted for current vacancies on the Board of Adjustment.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL CURRENT APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Nominations to Human Services Advisory Board

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO NOMINATE ALL APPLICANTS TO THE HUMAN SERVICES ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Appointment to Orange Community Housing Corporation Board

Mayor Waldorf said she recommended the appointment of Juan Tyrrell to the Corporation's Board of Directors.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO APPOINT MR. TYRRELL TO THE CORPORATION BOARD BY ACCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 6 Interim Report by UNC-Chapel Hill Planning Panel

Mayor Waldorf stated that the panel as a whole had met three times since February 7th to make recommendations relative to JJ&R Associates' recommendations and had received public comments on March 18th. Mayor Waldorf said that the Horace Williams site should: provide for an appropriate mix of uses, including combined academic, research and support services and related commercial and residential uses; dedicate a transit corridor with at least two nodes; have a scale similar to older portions of the existing campus; edges should be carefully designed; energy conservation should be maximized through good site planning, landscaping and building design; all facilities should be public transit friendly and the beauty of entranceways should be enhanced.

Planning Panel member Alan Rimer said the Panel was attempting to promote the internal use of community and connect to the broader community and minimize impacts on neighborhoods and the Town budget, provide a number of appropriate uses for the site, dedicate a transit corridor through the Horace Williams tract, assure that parking was limited and near the land parcel's boundaries in order to promote use of mass transit. He also said that the Panel believed that circulation within the property needed to be by foot or by jitney, with mass transit connections provided to the main UNC campus. Mr. Rimer also said that the Panel supported the University Village concept for the Horace Williams property, with affordable housing and passive recreation facilities being developed for faculty, staff and students. He also stated that the Panel favored the University committing to retaining the Town's existing municipal operation facilities.

Flicka Bateman stated that Alice Ingram, Council Member Capowski and Nancy Gabriel served as the Neighborhood/Town Character Committee of the Panel. She said this subcommittee felt that

the integrity of existing neighborhoods should not be compromised by any University developments. Ms. Bateman also said the subcommittee felt that passive recreation was the best buffer of all for the Horace Williams area. She noted that the subcommittee favored sizing and locating facilities to minimize negative impacts on neighborhoods. Ms. Bateman also said the subcommittee recommended that large medical facilities should not be included in visitor destination areas and that utility and roadway construction activities should occur all at one time in order to minimize inconveniences.

Josh Gurlitz reviewed elements of transportation goals and principles, including the need for minimal transit impacts, maximizing opportunities for mass transit, planning for linkage to a Triangle node transit system, and for providing bicycle and pedestrian nodes, including greenways. Mr. Gurlitz said the transportation subcommittee felt that JJ&R Associates plan C came closest to the subcommittee's general goals and objectives. He also stated that anticipated impacts of the future Horace Williams site needed to be studied. Mr. Gurlitz said that the subcommittee favored maintaining the existing park and ride facility in the Mason Farm area and the creation of a strong bicycle/pedestrian system.

Jim Ward presented a review of environmental issues, noting that development design should be sustainable and development should withstand rigorous stormwater management criteria. He also noted that the subcommittee recommended setting aside the mature hardwoods on the Horace Williams site for protection and confining development on the site to the least environmentally sensitive areas. He added that the subcommittee recommended a fine grain approach to the development of natural areas. Regarding the Mason Farm site, Mr. Ward said the subcomittee recommended that: (1) the TTA mass transit corridor should avoid negative impacts on natural areas and neighborhoods, (2) development, design and traffic patterns should avoid the north side of Morgan Creek (due to the presence of significant natural areas) and (3) the western portion of the Parker property designated as buffer for a biological reserve should be moved westward.

Council Member Andresen inquired about the proposed timetable following presentation of the Panel's report this evening. Mayor Waldorf said that the University's planning consultant, JJ&R Associates, was scheduled to visit the town on March 21st. Council Member Andresen inquired about the last opportunity for Council comments prior to the consultant's visit. Mayor Waldorf said March 13th and 18th.

Noting that she had carefully reviewed the materials presented to the Council on this matter, Council Member Andresen said that the report's recommendations on stormwater management were very specific, while other recommendations in the report lacked this same depth and level of specificity. Council Member Andresen said it was the Council's duty to carry forward ideals and limitations about the Horace Williams and Mason Farm properties.

Expressing her appreciation for the panel's work, Council Member Brown stated that the consultant's plan C, favored by the Planning Panel, was extremely dense. She noted that it was important to consider factors other than transit in considering the plan, including overall density and what other factors might be included to make significant impact statements for the University.

Council Member Evans inquired whether the panel had touched on the matter of economic sustainability.

Stating that Mr. Gurlitz's comments about transit matters were good ones, Council Member Andresen stated that the Town should be following similar approaches in all areas. She also expressed appreciation to Mr. Ward for his comments regarding the environmental sensitivity of the Mason Farm and Horace Williams tracts.

Council Member Capowski said he thought it was the best for the Council to have one report with its concerns prioritized, rather than having three separate reports.

Council Member Brown stated that Council Member Andresen, Mayor Waldorf and herself had developed a timetable for the land-use process and a new zoning category. She said that if the Council agreed to these timetables, the timetables could be amended as the process moved along. After presenting an overview of the proposed review process, Council Member Brown said the proposed timetable was an ambitious one, which might need to be amended in the future. Council Member Brown said she welcomed comments from other Council Members.

Council Member Evans inquired where the Planning Board fit into the proposed process. Council Member Brown said that the Planning Panel was developing goals for the Planning Board to use in the development of a possible new zoning category. Mr. Waldon noted that the Planning Board was presently working on this matter.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO ADOPT RESOLUTION 8.1.

Council Member Franck suggested appropriate additional language pertaining to the proposed resolution.

RESOLUTION 8.1, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING A PUBLIC FORUM FOR MARCH 18, 1996 ON THE THIRD REPORT OF THE UNC-CHAPEL HILL PLANNING PANEL WITH RESPONSES TO THE ALTERNATIVE LAND USE PLANS FOR THE HORACE WILLIAMS AND MASON FARM TRACTS (96-2-26/R-8.1)

WHEREAS, the University's consultants have presented alternative land use plans for the development of the Horace Williams and Mason Farm tracts; and

WHEREAS, the UNC-Chapel Hill Planning Panel has prepared a report including responses to the alternative plans and recommendations for the eventual development of the University properties.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council schedules a public forum for March 18, 1996 to receive citizen comment (1) on the third report of the UNC-Chapel Hill Planning Panel which includes responses to the alternative land use plans for the Horace Williams and Mason Farm tracts; (2) the draft report of the Council Committee to develop goals for zoning purposes; and (3) the goals developed by the Planning Panel. The forum will be held at 7:00 p.m. in the Town Hall Council Chamber, 306 N. Columbia Street.

This the 26th day of February, 1996.

Mayor Waldorf noted that Council Members Andresen, Brown and Franck had agreed to serve as a committee to take the Planning Panel goals and recast them to make them into effective guidelines for goal setting. There was Council concurrence in this matter.

Mr. Waldon said staff was recommending that the Council adopt a resolution authorizing the Town Manager to negotiate a contract with Dwight Merriam relative to rezoning of the Mason Farm and Horace Williams tracts and a related budget ordinance amendment.

Council Member Chilton inquired about the $25,000 estimated expense figure outlined in the staff's memorandum. Mr. Horton said this was an estimate of Mr. Merriam's expenses. Council Member Chilton said although he believed that Mr. Merriam would do a fine job, he thought it was somewhat strange that no alternate consultants were suggested. Mr. Horton said that Mr. Merriam was the only planning consultant who could produce the report on such a tight timetable.

Council Member Andresen inquired whether Mr. Merriam would be the lead consultant, with Mr. Owen serving in the capacity of legal advisor. Mr. Horton said that this was correct, noting that there would be a written contract to this effect.

Council Member Brown inquired about Mr. Merriam's primary contact point with the Town. Mr. Horton said Town staff would serve as the primary contact point. Council Member Capowski inquired whether it was correct that no Town funds were being paid to Mr. Owen. Mr. Horton said this was correct. Council Member Capowski asked who Mr. Owen was employed by. Mr. Horton said that Mr. Owen was an employee of the Institute of Government. Council Member Evans asked whether actual expenses might exceed $25,000. Mr. Horton said he hoped to hold expenses to about $25,000.

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

A RESOLUTION DIRECTING THE TOWN MANAGER TO EXECUTE AN AGREEMENT RETAINING CONSULTANT SERVICES (96-2-26/R-9)

WHEREAS, the Council of the Town of Chapel Hill seeks to establish a new zoning district, to be applied to large, undeveloped tracts of land; and

WHEREAS, the Council of the Town of Chapel Hill has received a proposal from Mr. Dwight Merriam, from the law firm Robinson & Cole, to provide such services;

NOW, THEREFORE, BE IT RESOLVED that the Town Manager is authorized to execute a contract with the firm Robinson & Cole for the purpose of drafting ordinance language as described in the attached proposal from Dwight Merriam.

BE IT FURTHER RESOLVED that the amount of this contract shall not exceed $25,000.

This the 26th day of February, 1996.

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

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-2-26/O-3)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Planning 716,306 25,000 741,306

REVENUES

GENERAL FUND

Fund Balance 1,689,369 25,000 1,714,369

This the 26th day of February, 1996.

Item 7 Zapata Subdivision

Mr. Waldon presented an overview of the proposed subdivision, noting that the applicant had agreed to make a payment-in-lieu for water and sewer lines. Mr. Waldon noted that staff recommended adoption of Resolution 9a. John Hansen, the applicant, said he concurred with the proposed conditions of approval.

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

Council Member Capowski inquired what would happen if the $20,000 payment in lieu were insufficient to cover actual water and sewer line costs. Mr. Horton said this would depend upon the Council policies in place at the time improvements were made, although any costs not covered would generally fall to individual property owners.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 9A.

Noting that it might be difficult to provide water and sewer service to this tract, Council Member Andresen inquired whether staff felt that there was sufficient land for septic tanks and drain fields. Mr. Waldon said yes.

RESOLUTION 9A WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR ZAPATA SUBDIVISION (SD 126-B-5) (96-2-26/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Zapata Subdivision, proposed by Mr. John Hansen, on property identified as Chapel Hill Township Tax Map 126, Block B, Lot 5, if developed according to the preliminary site plan dated October 15, 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 the developer make all necessary repairs to the existing segment of Zapata Lane, and construct Zapata Lane Extension to NCDOT standards, so that Zapata Lane in its entirety may be accepted by NCDOT for maintenance.

B. That Zapata Lane Extension would be constructed to NCDOT standards, with a 22-foot cross-section with ditch sections (no curb and gutter), and that 60 feet of right-of-way be dedicated.

C. That a street stubout from Zapata Lane Extension be provided to the northern property line, with a 60-foot width right-of-way to be dedicated with the final plat. A sign shall be posted indicating that the road will be extended in the future.

D. That the street be maintained by a Homeowners' Association or the developer until such time as the street is accepted for public maintenance.

E. That the public pedestrian and non-motorized vehicle easement between Lots 4 and 5, or in an alternative location to be approved by the Town Manager, be dedicated with the recordation of the final plat. This easement shall extend from the new cul-de-sac (Zapata Lane Extension) to the recreation area.

2. Well and Septic System Approval: That the subdivision plat be approved by the Orange County Health Department prior to plat recordation to ensure that each lot can support individual water wells and an individual subsurface sewage disposal system, with a primary septic field and a suitable area for a second septic field.

3. Provisions for Future Public Water and Sewer Service: The developer shall provide a preliminary design for the water and sewer system for this subdivision as part of final plans, to be approved by OWASA and the Town Manager prior to recording a final plat. On the final plat, the developer shall dedicate appropriate easements to OWASA to allow eventual water and sewer line extensions to and through this development and other nearby properties if said properties could feasibly tie into a gravity sewer line from the Zapata Subdivision.

The developer shall submit a payment-in-lieu to the Town in the amount of $20,000.00 for future water and sewer construction.

All deeds and plats for this subdivision shall clearly state that the property is served by private on-site wells and septic systems, and that if extension of public water and/or sewer systems are required in the future, the property owners in this development may be at least partially responsible for paying for construction, availability, and connection fees for such extensions. Future assessments to the property owners shall reflect a $20,000.00 credit resulting from the developer's payment-in-lieu.

All OWASA easements that are dedicated at the time of plat recordation shall be cleared at the time of subdivision development, unless they are located within the public right-of-way.

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

Stipulations Related to Recreation Area

5. Recreation Area: The recreation area shall consist of the triangular strip of land (approximately 2.5 acres) which extends from the western edge of Lots 4 and 5 westward to the point abutting U.S. Highway 15-501.

6. Dedication of Recreation Area: The final plat shall dedicate and deed the recreation area to the Town of Chapel Hill for parks and recreation purposes only. The developer or Homeowners' Association remains responsible for the recreation area until the Town accepts the property.

Stipulations Related to State and Federal Government Approvals

7. 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.

8. NCDOT Approval: That plans for improvements to Zapata Lane (existing and proposed segments) be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

9. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

10. 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.

11. Utility Service Laterals: That prior to paving streets, utility service laterals (including gas, electric power, cable and telephone) shall be stubbed out to the front property lines of each lot. If the developer installs water and sewer lines with the initial infrastructure for the subdivision, the lateral lines shall be stubbed out to the front property lines.

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

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

Miscellaneous Stipulations

14. Solid Waste Management:

A. That Town refuse collection service shall not be provided until annexation of the subject site into the Town limits. A note to this effect shall be provided on the final plat.

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

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

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

16. Homeowners' Association: That if a Homeowners' Association is created, it must have 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.

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

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

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

19. 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.

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

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

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

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

24. 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 Zapata Subdivision in accordance with the plans and conditions listed above.

This the 26th day of February, 1996.

Item 8 Forest Creek II Subdivision

Previously unsworn persons wishing to testify in the matter were sworn by the Town Clerk. Planning Director Roger Waldon presented an overview of the matter, including sidewalk and bus pull-off matters.

Council Member Evans inquired whether street plantings would be possible in some areas along Piney Mountain Road near the subject property. Mr. Waldon said this was not possible. Council Member Evans inquired whether existing road right-of-way would allow street plantings to be made further back. Mr. Waldon said probably not.

Council Member Brown asked whether or not a utility pole near a significant beech tree would need to be relocated. Mr. Waldon said he would need to investigate this matter further.

Noting that the East Chapel Hill High School would open in late summer, Council Member Capowski asked why bicycle paths along Piney Mountain Road were not being recommended by staff. Noting the difficult topography of the area, Mr. Waldon said staff was recommending the installation of sidewalks, rather than bikeways.

Claire Prudhomme said that her lot backed on to Eastwood Drive. Ms. Prudhomme said she opposed the proposed sidewalk suggested by staff. Stating that an existing footpath in the area was rarely used, Ms. Prudhomme said that construction of sidewalks would not be a good use of funds.

Robert Avery expressed concern about the potential intrusion and safety related concerns of the proposed bus stop/acceleration lane at the intersection of Collinson Drive and Piney Mountain Road.

Robert Nau said that it was presently very safe to make right turns on to Piney Mountain Drive. Mr. Nau said he was very concerned about the proposed bus stop/acceleration lane. He suggested that north of Collinson Drive would be a good place to locate the bus pull-off, so as to not obscure the sight lines of drivers in the area.

George Stuart, 215 Collinson Drive, stated that staff was proposing curb and gutter along the entire length of Eastwood Drive. Noting that there was very little pedestrian traffic along Eastwood Drive, Mr. Stuart said he believed that sidewalks were not needed along this roadway. As an alternative to addressing pedestrian safety concerns, Mr. Stuart suggested the installation of a crosswalk from the existing pedestrian path to an existing sidewalk across Piney Mountain Road.

Laura Gaulden, a resident of Collinson Drive, said that her neighborhood was very pro-sidewalk, as a practical matter, no one walked in the area proposed for sidewalk installation. Ms. Gaulden also suggested that since buses only travelled along this portion of Piney Mountain Road infrequently, that a bus turnout, rather than a bus stop, be provided.

Tom Heffner, the applicant's representative, said he generally agreed with the position of the homeowners on the sidewalk and bus pull-out matters.

Noting that he had recently walked the proposed site and surrounding area, Council Member Franck said that the improved section of Piney Mountain Drive north of Eastwood Drive was twenty-seven, rather than thirty-three feet, wide. He stated that cars travelling along a thirty-three foot wide roadway could safely pass a bicycle without needing to go into the other lane.

Council Member Franck suggested that the Council consider constructing one-half of a thirty-three foot roadway on Piney Mountain Road north of Collinson Drive. Council Member Franck said he believed that this could accommodate a bus pull-off and sidewalk.

Council Member Brown said it was important that any changes regarding sidewalks and bus pull-offs be clear and that citizens have an opportunity to comment on possible changes.

Council Member Andresen said that Council Member Franck's suggestion about relocating the bus pull-off was an interesting one. Council Member Andresen also said she did not see the need for a sidewalk along this roadway.

Council Member Capowski asked whether it was correct that there was no curb and gutter on the south side of Piney Mountain Road.

Mr. Waldon said this was correct. Council Member Capowski asked whether it was unlikely that Piney Mountain Road would be widened in the future. Mr. Horton said there were currently no specific plans for widening of Piney Mountain Road. Council Member Capowski inquired about the possibility of widening Piney Mountain Road to accommodate bicycles, rather than building a sidewalk on the south side of Eastwood Drive. Mr. Horton said that staff could take into account comments from this evening and bring the matter back before the Council at the next regular meeting.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK, TO CONTINUE THE HEARING TO MARCH 25TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 9 Funding of Sidewalk Projects

Mr. Horton said that Engineering staff had concluded that it would be less expensive to locate sidewalks on the Town's side of Merritt Mill Road. Mr. Horton also said that he was recommending funding of a good asphalt path along a portion of Weaver Dairy Road and portions of Pittsboro and McCauley Street.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 12.

Noting that she had brought up the matter of possibly constructing a sidewalk on the west side of Merritt Mill Road, Council Member Powell said she accepted the Engineering Department's expert opinion in this matter.

RESOLUTION 12 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE USE OF TOWN FUNDS TO CONSTRUCT A SIDEWALK AND CURB ON THE EAST SIDE OF MERRITT MILL ROAD BETWEEN WEST FRANKLIN STREET AND CAMERON AVENUE (96-2-26/R-12)

WHEREAS, the Council of the Town of Chapel Hill has allocated $150,000 in Capital Improvements Program for pedestrian projects in the 1995-96 fiscal year;

WHEREAS, State funding is available for street improvements in the downtown area of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that local and state funds be used to construct curb and sidewalk improvements on the east side of Merritt Mill Road between West Franklin Street and Cameron Avenue.

This the 26th day of February, 1996.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 13.

Council Member Franck noted that enhancement projects using ISTEA (Intermodal Surface Transportation Efficiency Act) totalled about $13 million statewide, including a large amount of funding for wildflower projects.

Mayor Waldorf inquired about the anticipated completion date of sidewalks along Weaver Dairy Road near the proposed high school. Mr. Small said although there was no specific completion date, he anticipated that work would be completed before the school opened in the fall. Council Member Andresen inquired about the estimated sidewalk footage along Weaver Dairy Road. Mr. Horton said this was currently undetermined.

RESOLUTION 13 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT THE WEAVER DAIRY ROAD SIDEWALK PROJECT AND FEDERAL FUNDING BE USED TO CONSTRUCT THE PITTSBORO STREET SIDEWALK PROJECT INCLUDING A PORTION OF McCAULEY STREET (96-2-26/R-13)

WHEREAS, the Council of the Town of Chapel Hill has allocated $100,000 in the Capital Improvements Program for pedestrian projects in the 1995-96 fiscal year; and

WHEREAS, the Council of the Town of Chapel Hill has allocated an additional $50,000 in the Capital Improvements Program for pedestrian projects in the 1995-96 fiscal year; and

WHEREAS, the Council of the Town of Chapel Hill has available $67,375 in unspent funds from the 1994-95 Capital Improvements Program for pedestrian projects; and

WHEREAS, the North Carolina Department of Transportation has awarded the Town of Chapel Hill $25,000 in federal enhancement funds for sidewalk construction; and

WHEREAS, the Council of the Town of Chapel Hill has reviewed projects for possible use of these funds;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, in addition to previously authorized construction, Capital Improvements funds be used to construct:

* Weaver Dairy Road, sidewalk along the south side from the end of the existing asphalt path at the Chesley development to Sedgefield Drive;

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that federal enhancement funds be used to construct:

* Pittsboro Street between Cameron Avenue and South Columbia and McCauley Street between Pittsboro Street and South Columbia Street.

This the 26th day of February, 1996.

Item 10 Housing Program Matters

Pine Knolls

Long-range Planning Coordinator Chris Berndt presented a brief overview of the staff's recommendation, noting that adoption of Resolution A was recommended.

Ted Parrish thanked the Housing and Community Development Advisory Board for its reasonable and considered effort in reviewing recommendations related to the Pine Knolls funding request. Mr. Parrish said he hoped that the Council would support the adoption of Resolution B, the Board's recommendation.

Kevin Cook requested that the Council be very careful in establishing income qualification levels for affordable housing programs such as the Knolls program. Mr. Cook said that the Knolls' program was taking property not producing any tax revenues and helping put these properties on to tax rolls.

Housing and Community Development Board Chairperson Charlie Zimmerli said the Board urged the Council to adopt Resolution B. He noted that the Board felt strongly that the sixty percent level was a reasonable one and could be changed on a case by case basis, as needed. Mr. Zimmerli also said that the Board felt it was important for Town staff to find ways to help cash flow creatively in terms of affordable and low-income housing programs.

Mayor Waldorf asked whether Town staff was comfortable with the language in the Housing and Community Development Board's proposed resolution. Mr. Horton said if the applicable percentage were established on a negotiated basis, there would be no standard to go by. Mayor Waldorf said it might be best to use a specific figure such as seventy percent.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER FRANCK,

TO ADOPT RESOLUTION B.

Council Member Chilton suggested that the Pine Knolls Community Association Board might be able to provide additional guidance about applicable guideline percentages.

Council Member Andresen inquired whether or not it would be possible for the Council to receive written notice when exceptions to the guidelines were made by the Manager. Mr. Horton said it would be possible to provide notice of such exceptions, within the context of a definite percentage limit.

Mayor Waldorf inquired about the staff's comfort level regarding overhead and profit guidelines in the proposed standards. Mr. Horton said he did not think that a twenty percent overhead and profit was unreasonable, so long as funds were put back into the program. He also stated that overhead and profit percentages needed to be verified within the context of an audit process. Mr. Zimmerli said he endorsed extracting the third paragraph language in resolution a and using this language in the third paragraph of resolution b.

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

A RESOLUTION TO MODIFY THE WORKING RELATIONSHIP BETWEEN THE TOWN OF CHAPEL HILL AND THE PINES COMMUNITY CENTER, INCORPORATED (96-2-26/R-14b)

WHEREAS, the Council has an ongoing interest in the development of low-income housing opportunities in Chapel Hill; and

WHEREAS, at a February 1, 1993 retreat on housing, the Council changed the Town's policy was to focus on housing opportunities for households earning less than 60% of the area median income rather than 80% of the area median income; and

WHEREAS, the Pines Community Center, Incorporated has proposed the development of twenty low-income homeownership opportunities in the Pine Knolls neighborhood in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the guidelines of the homeownership program be changed as follows:

* the eligibility levels for the Pine Knolls Homeownership

Program be 60% of the area median income; exceptions may be

negotiated with the Town Manager on an individual basis, but

in no event will exceptions be made for applicants having

incomes greater than 70% of the area median income;

* the maximum sale price should be raised to $60,000; and

* 20% overhead and profit amount will be allowed up to the $60,000 sale price cap subject to an annual audit.

This the 26th day of February, 1996.

Culbreth Park Homeownership Program

Mr. Horton presented an overview of the item, noting that Town policies had changed since the approval of the Culbreth Park program. Council Member Chilton inquired whether option two in the staff's memorandum would consume a lot more resources than option one.

Council Member Capowski asked Orange Community Housing Corporation Director Donna Dyer why it was difficult to find eligible buyers for homes in Culbreth Park. Ms. Dyer said that the real estate market did not work in terms of keeping lists of prospective buyers for homes. She said there was an impatience in the marketplace: buyers wanted to buy homes when they were ready to do so. Noting that there had only been three resales in the project's history, Ms. Dyer said she would be pleased to try alternate approaches to find potential home buyers. Council Member Capowski asked whether it was correct that most homebuyers in Culbreth Park were no longer lower-income persons. Ms. Dyer said although this was correct in Culbreth Park, the Tandler homeownership program appeared to be working as originally conceptualized. Council Member Capowski expressed concern about the Town losing forward progress on its goal of providing affordable housing opportunities.

Noting the lateness of the hour, Council Member Chilton suggested that the Council ask the Orange Community Housing Corporation to give its reaction to option two. Stating that the Orange Community Housing Corporation belonged to the Multiple Listing Service (MLS), Ms. Dyer said the Orange Community Housing Corporation would be willing to pursue option two if the Council wished.

Council Member Andresen said that Council Member Chilton's idea was an excellent one which would help to continue to provide affordable housing opportunities to low-income persons. Council Member Andresen also said that option two was an interesting one which merited further investigation.

Mayor Waldorf suggested that the Council receive a detailed follow-up report from Ms. Dyer concerning option two and the viability of selling homes to persons with incomes below eighty percent of the median income level. Mr. Horton said Town staff would be happy to assist Ms. Dyer.

Item 11 Possible Changes in Council Procedures Manual

Council Member Brown noted that she had initially brought this matter to the Council's attention at the January 13th planning session. She stated the majority of proposed changes were for clarification purposes. Council Member Brown said she was open to suggestions from other Council Members regarding possible changes to the Procedures Manual relative to the role of Council liaisons, Council Members, the Mayor, the Manager or other topic areas of interest.

Council Member Andresen said she thought it would be worthwhile to discuss possible changes to the Council's Procedures Manual in the future. She stated that the most important element was that there be a common understanding of what the Council did and how it operated procedurally. Council Member Andresen suggested that the Council hold a short work session concerning the Procedures Manual. Mayor Waldorf suggested the possibility of addressing possible changes during the proposed Council training session. Council Member Andresen said she thought the matter should be handled separately from the training session. Council Member Brown expressed her concurrence.

Council Member Evans inquired who should receive proposed changes to the Procedures Manual. Council Member Capowski inquired how this matter should be handled this evening. Mayor Waldorf said the matter before the Council this evening was purely a procedural matter. Mayor Waldorf added that she was not personally ready to suggest having a Council work session on this matter. Council Member Capowski suggested that Council Members give proposed changes to the Manager.

Council Member Brown said that the Council needed to have a discussion on the matter and possibly incorporate changes into the Procedures Manual document. Council Member Evans inquired whether or not there was any real need to handle this matter within the next month or two. Council Member Andresen said she agreed that the Council's schedule was exceedingly busy. She said the Council could place the item on a definite future Council agenda or schedule the matter for sometime in the spring.

Council Member Evans noted that the standing committee of Council Members Franck, Pavão and herself would be reporting their findings and recommendations to the Council in April.

Noting that she supported having a clear Council Procedures Manual, Council Member Brown suggested that the matter could be postponed until the University land use related matters were resolved.

Mayor Waldorf suggested that Council Members could forward their suggested comments to the Manager or Attorney. Council Member Brown said she was somewhat hesitant for comments to be forwarded prior to Council discussion of the matter. Mayor Waldorf suggested that staff develop an outline of possible changes to the Procedures Manual based on Council comments.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY FOR DEVELOPMENT OF A LIST OF SUGGESTED TOPICS. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

Item 12 Communications Related Training

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT OPTION 2A, WITH THE INSTITUTE OF GOVERNMENT TO PROVIDE TRAINING TO THE COUNCIL.

Noting that this training would involve no direct costs, Council Member Chilton inquired whether or not there was any way to complete the training in less than a day and a half. Mr. Horton said he believed that the training required a minimum time commitment of a day and a half.

Council Member Capowski said he was particularly happy with the work done by Pat Fischer at the Council's January planning session.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO MAKE A SUBSTITUTE MOTION TO ADOPT OPTION 1, WITH PAT FISCHER CONDUCTING THE COUNCIL'S TRAINING SESSION.

Stating that Dr. Fischer had previously worked with the Council, Council Member Evans said she believed that she could offer quicker training which would yield a good product.

THE SUBSTITUTE MOTION FAILED ON A 4-4 VOTE, WITH COUNCIL MEMBERS BROWN, CHILTON, FRANCK AND POWELL VOTING NO AND COUNCIL MEMBERS ANDRESEN, CAPOWSKI, EVANS AND MAYOR WALDORF VOTING YES.

Council Member Brown inquired about having a brief session with Dr. Fischer in addition to the session at the Institute of Government. Council Member Andresen expressed her concurrence with this proposal. Council Member Powell said she did not favor this approach unless the Institute of Government and Dr. Fischer were comfortable with this arrangement.

Council Member Andresen said that she felt torn since both the Institute of Government and Dr. Fischer offered excellent training. Stating that the Council already had a heavy workload, Council Member Capowski said he favored training by Dr. Fischer because she was already familiar with Council Members.

Noting that the proposed process and training was intended to foster good relationships, Council Member Powell encouraged the Council not to try so hard to shorten the time commitment for the proposed training.

Mayor Waldorf noted that both proposals involved suggested time commitments of one and a half days.

THE MAIN MOTION, TRAINING TO BE OFFERED BY THE INSTITUTE OF GOVERNMENT, WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN, CHILTON, FRANCK AND POWELL VOTING AYE AND COUNCIL MEMBERS CAPOWSKI, EVANS AND MAYOR WALDORF VOTING NO.

Item 13 Bell South PCS Franchise Request

Assistant to the Manager Greg Feller said that the matter before the Council this evening was a first reading of a telephone franchise ordinance agreement with Bell South PCS.

Travis Porter, the attorney representing Bell South Personal Communications, Inc., said that Bell South felt that the Town as the home of the University of North Carolina, was the best place in North Carolina to introduce the company's next generation of wireless technology. Stating that this technology required line of sight, he stated that Bell South was requesting the Council's approval of a seventy foot tall structure.

Karen Bennett, Regional Manager for Bell South PCS, said that the proposed system was completely digital, and clone and eavesdropping-proof. She noted that the phone units associated with the system were two-way pagers which had built-in caller identification features which could serve as wireless communications for the masses. Ms. Bennett stated that Bell South PCS was requesting Council approval of a seventy foot structure near the intersection of Longleaf Drive and Lamont Court.

Thanking Bell South PCS for their presentation, Council Member Capowski said he totally agreed that digital telephones were the wave of the future. Council Member Capowski added that he did not think that the proposal before the Council would satisfy the Town's goals, given the need for seventy foot tall towers.

COUNCIL MEMBER CAPOWSKI MOVED THAT THE ITEM BE REFERRED BACK TO THE MANAGER FOR A REWRITE TO BE CONSISTENT WITH THE TOWN'S GOALS.

Council Member Capowski suggested that the Council should approve the proposed tower structures only if it could be shown that it was impossible to situate the towers on top of existing buildings. He stated that the resolution before the Council did not address this matter. Ms. Bennett said that Bell South had exercised due diligence in exploring all viable options before coming to the Council to request the proposed structure. She stated that only one site was being requested by Bell South PCS.

Travis Porter said that the average annual lease price for a communication tower on a building was about $15,000 per year, while the cost to locate a structure at an actual site was about $500,000. Mr. Porter said that Bell South PCS was trying to work with the Town in order to have a timely launch of its wireless communication system.

Council Member Capowski asked whether or not Bell South PCS could conduct its experiment without the one requested site. Ms. Bennett said that Bell South PCS was proposing to offer actual service, rather than conducting an experiment.

Council Member Capowski said that the proposed legislation before the Council did not meet the Town's goals. Mr. Porter said that there were many structures in the Town which were over sixty feet tall.

John Welden, representing Bell South PCS, said if the Council's concern was about preserving vistas, many tree lines coincide with the height of the proposed Bell South communications structure.

Council Member Evans said she did not realize that the proposed towers would need to be located in residential neighborhoods. She said that locating the towers in neighborhoods was a little bit intrusive. Mr. Porter stated that only one structure was being requested by Bell South PCS for service coverage purposes.

Council Member Evans inquired whether there were any options other than the proposed tower. Ms. Bennett said she believed that this was the only approach based on the proposed design.

Council Member Chilton noted that ordinance 4 gave permission for Bell South to build towers over a ten year period, rather than limiting the focus to just the one tower under discussion this evening.

Mr. Karpinos said he could work on alternate language on this matter if the Council desired.

Council Member Capowski said he did not understand the relationship between the proposed franchise agreement and communications tower. Mr. Porter said that any of Bell South's tower would have the capability of adding another carrier to the towers.

COUNCIL MEMBER CAPOWSKI MOVED THAT THE MATTER BE REFERRED BACK TO THE MANAGER FOR CHANGES TO ORDINANCE 4.

He noted that one of the community's goals was to camouflage towers as much as practically possible. Council Member Capowski also said that Bell South had not addressed the issue of a building for housing equipment related to the proposed tower. Mr. Welden said manhole-like vaults would be provided at the site to house the needed equipment.

Council Member Brown said she favored simply referring the matter back to the Manager. She also said it would be helpful for the staff to help the Council understand what other options there were and what consequences there were relative to similar requests from other telecommunication providers.

Mayor Waldorf noted that there was no second to Council Member Capowski's motion.

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

Expressing her concern for neighborhood residents, Council Member

Evans suggested possibly siting towers in the middle of public right-of-way, rather than in neighborhoods. Mr. Porter said traffic signals could possibly be hung from the towers. Council Member Evans inquired whether any communications towers were in place in the local area. Mr. Porter said there were no existing towers in the immediate area. Mr. Welden stated that microcellular technology was widely used in Europe. He said that Bell South's objective was to provide this same type of service to home telephone users.

Council Member Brown said she hoped that the Manager would be able to respond to comments made this evening. Mayor Waldorf said that microcellular technology sounded like wonderful technology and a very good service.

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

Mr. Horton said it was possible that this item could be included on the Council's March 13th or 25th agenda. Ms. Bennett noted that Bell South hoped to launch the new technology on July 1st. She added that it took about eight weeks for preparatory work relative to the tower's installation. Mr. Porter expressed Bell South PCS's gratitude to the Council for their time this evening.

Item 14 Refinancing of Bonds

Mr. Horton said that the proposed refinancing of bonds would result in net savings of $30,000 to $35,000 per year in financing costs. He noted that it would be necessary for a Council Member to read the necessary language.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO INTRODUCE THE BOND ORDER AUTHORIZING THE ISSUANCE OF $7,400,000 GENERAL OBLIGATION BONDS OF THE TOWN OF CHAPEL HILL. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING A PUBLIC HEARING ON A BOND ORDER (96-2-26/R-17)

WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $7,400,000 GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF CHAPEL HILL," has been introduced at the meeting of the Town Council of the Town of Chapel Hill held on February 26, 1996 and the Town Council of the Town of Chapel Hill desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act;

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

(1) The public hearing upon said bond order shall be held on the 13th day of March, 1996, at 7:00 p.m. at the Town Hall, in Chapel Hill, North Carolina.

(2) The Town Clerk is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such public hearing.

(3) The Town's Finance Officer is hereby directed to file with the Town Clerk prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the Town and the net debt of the Town.

This the 26th day of February, 1996.

Item 15 Consent Agenda Items

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO MOVE ADOPTION OF THE MINUTES OF JANUARY 22ND AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 5.

Council Member Capowski inquired why South Columbia Street was referenced in the materials. Mr. Horton said this had been included with the materials in error.

RESOLUTION 5 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ENDORSING THE U.S. 15-501 MAJOR INVESTMENT STUDY SCOPE OF WORK AND AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

(96-2-26/R-5)

WHEREAS, the Council of the Town of Chapel Hill has recommended that a study be initiated along U.S. 15-501 to evaluate strategies to promote alternative transportation; and

WHEREAS, the proposed U.S. 15-501 Major Investment Study proposes to complete a comprehensive evaluation of transportation improvements within U.S. 15-501 corridor, including consideration of public transit investments, transportation demand management strategies and land use policies; and

WHEREAS, the Town has been requested to provide partial funding for the proposed Study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town endorses the proposed scope of the U.S. 15-501 Major Investment Study and authorizes the Town Manager to execute a municipal agreement with the North Carolina Department of Transportation.

This the 26th day of February, 1996.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 1.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1995" (96-2-26/O-1.1)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 26,554 (10,833) 15,721

Planning 705,473 10,833 716,306

This the 26th day of February, 1996.

Council Member Brown said she was concerned about the proposal to consider elimination of the bookmobile service. She suggested that the Council examine possible changes in service as part of its budget discussions. Mr. Horton said that the resolution before the Council would simply refer the matter for discussion during the budget review process. Council Member Franck said he was uncomfortable with the proposed elimination of bookmobile service.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 8, WITH THE DELETION OF THE WORDS "ELIMINATION OR" FROM THE RESOLUTION.

Council Member Chilton noted that the Council had asked the Manager to make recommendations about possible reductions in Town services. Council Member Brown said the resolution would permit the staff to bring back a variety of options for the Council's consideration.

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

A RESOLUTION AUTHORIZING THE MANAGER TO INCLUDE THE LIBRARY'S BOOKMOBILE SERVICE AS A SERVICE FOR CONSIDERATION FOR REVISION IN THE 1996-97 BUDGET REVIEW PROCESS (96-2-26/R-8)

WHEREAS, the purpose of the library's bookmobile outreach service is to serve patrons who might otherwise go unserved; and

WHEREAS, residents now have improved access to library services via a Town-wide transportation service, an expanded new library facility, and improved senior facilities; and

WHEREAS, a large percentage of adults who currently use the bookmobile also use the main library; and

WHEREAS, 90% of the current use of the bookmobile is by children in day care facilities; and

WHEREAS, the Library Board of Trustees believes that it is important to offer effective outreach services to public housing youth which may stimulate them to use the library in the future; and

WHEREAS, the bookmobile service is currently under-utilized by residents; and

WHEREAS, the Residents' Council, Chapel Hill Service League and the Friends of the Chapel Hill Public Library have expressed willingness to assist the library in developing an experimental children's programming effort in the next fiscal year.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council authorizes the Town Manager to include the library's bookmobile service as a service for consideration for elimination or revision in the 1996-97 budget review process.

This the 26th day of February, 1996.

The meeting concluded at 12:19 a.m.