MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF

THE TOWN OF CHAPEL HILL, MONDAY, MARCH 25, 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, Lee Pavão and Barbara Powell. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Police Chief Ralph Pendergraph, Parks and Recreation Director Mike Loveman, Public Services Librarian Mark Bayles and Town Attorney Ralph Karpinos.

There were no ceremonies.

Council Member Brown said the Council Committee of Council Members Andresen, Franck and herself had used concepts from the Planning Panel's report to formulate its recommendations to the Council, including matters such as public participation and review. She said the committee recommended that the Council finalize goals at the Council's April 2nd meeting. There were no further comments by Council Members Andresen or Franck on the committee's recommendations.

University of North Carolina Vice Chancellor of Business and Finance Wayne Jones said the University believed that planning should precede zoning, rather than the other way around. He also stated that the University objected to the Town unilaterally setting goals for the University's properties. Mr. Jones also said that the University had not been consulted about proposed zoning goals for the Horace Williams property. He called upon the Council to have an affirmative collaborative relationship with the University regarding the land-use plans for two properties and related matters.

Former Town Council Member David Godschalk stated that the history of Town/Gown relations had sometimes been turbulent. Dr. Godschalk said he was heartened by the degree to which University faculty, staff and other had worked on the proposed land use plan for the Horace Williams and Mason Farm properties. He stated that the Town appeared to be rushing ahead with zoning goals for these properties. Dr. Godschalk said that regulations should be based on feasibility and significant Town and University cooperation was needed on this matter. He urged the Council not to proceed with zoning too early in the overall process.

Pearson Stewart, a member of the UNC-Chapel Hill Planning Panel made remarks pertaining to building height, density and scale. A copy of Mr. Stewart's remarks are on file in the Town Clerk's office.

Noting that the Council prided itself on providing opportunities for citizen input, Richard "Stick" Williams said the planning process appeared to be running counter to form regarding citizen's input. Mr. Williams said the Council did not appear to necessarily trust that the citizen's group (the UNC-Chapel Hill Planning Panel) had delivered a satisfactory work product. He expressed concern that having a Council committee place a list of goals in front of the Council made it appear that the Planning Panel's creativity was being limited. Mr. Williams stated that the citizen's group (the UNC-Chapel Hill Planning Panel) was in place and working with the University's land-use consultants (JJ&R Associates). Noting that the Council would have the last word in this matter, Mr. Williams urged the Council to allow the citizen's group to fulfill its task. He stated that the Council could ultimately act in the Town's best interest in the overall matter.

Planning Board Chair Mary Reeb said the Planning Board had only had a brief opportunity to review the Council Committee's report on the Horace Williams and Mason Farm properties. She stated that the Planning Board had three general overview comments about the Committee's report, as follows: (1) some of the goals in the report did not appear to be related to zoning, (2) regulatory language pertaining to zoning in the document sounded punitive in tone and (3) the Planning Board requested a clarification of its role and responsibilities relative to the development of a zoning category.

Dan Coleman said the document drafted by the Council Committee was a breath of fresh air, focusing on a process developing a new zoning category for these properties. Mr. Coleman commended the Council Committee for doing a good job of putting together a summary memorandum for discussion by the Council. Mr. Coleman also said he took issue with those who said that the zoning process was contrary to collaborative efforts between the Town and University. Stating that zoning was the Town's responsibility, Mr. Coleman said it was not uncooperative or uncollaborative to hold all property owners to the same kind of standard. Mr. Coleman said he hoped that the Planning Board could come together around the Council Committee's proposed goals.

Thomas B. Clegg, Chair of the University Faculty Committee regarding the Horace Williams and Mason Farm tracts, said although some participants in the planning process had attempted to protect their own turf and interests, most parties were very cooperative in working together. Mr. Clegg said the single most important piece of information from senior administrators at Duke and North Carolina State University was "don't create transportation problems down the road". He stated that the Towns of Carrboro and Chapel Hill needed to work together closely on planning of the two tracts. Mr. Clegg said he hoped that nothing would be done which would impede good Town and gown relations.

Planning Panel Member Alan Rimer said the Panel had been in place since November, 1994. Mr. Rimer said it was not desirable to zone land until the planning process was completed. Mr. Rimer also said that he relished the collaborative process to date between the Towns of Carrboro and Chapel Hill and the University. Stating that concern about specific project design elements was premature at this point in the process, Mr. Rimer urged the Council not to zone the properties until the University had been able to present its land-use plans. He stated that any other course would subvert the hard work of the Planning Panel and others.

Planning Board Member Diane Bloom said that at first, she had been a little confused about the Council's direction for the Planning Board in this matter. Expressing appreciation for the principles and guidelines outlined by the Council Committee, Ms. Bloom said that zoning had nothing to do with collaborative planning. Ms. Bloom also said it was important that the Horace Williams property fit in with surrounding neighborhoods.

Planning Panel Member Flicka Bateman said although she appreciated the work of the Council Committee, she was uncomfortable and confused by the fact that the Committee's report outlined recommendations on parking and traffic which were opposite from the Planning Panel's recommendations. She also noted that the Planning Panel had not addressed the matter of phasing, and recommended floor area ratios of 0.75, rather than 0.37 referenced in the committee's report. Ms. Bateman suggested that the Council Committee consider indicating which goals differed from the Planning Panel's goals. She also requested that the Council clarify where the goals would be going after April 2nd.

Dr. William Whitehead said that the Council had previously decided that a public hearing on possible rezoning of the Horace Williams tract would be held in June. Dr. Whitehead also emphasized the importance of the Council providing adequate opportunities for public input throughout the rest of the process. He also stated that the effort to create a zoning category for this property did not foreclose the possibility of having a collaborative process.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER COMMENTS TO THE MANAGER.

Council Member Capowski asked what staff was being asked to do. Council Member Chilton said the Manager could come back with a resolution regarding the proposed goals, modifying the document if necessary.

Council Member Capowski said fifteen people had worked hard on the Planning Panel for past eighteen months, as had members of the University's Planning Panel. He stated that although the process to date had been a superb one, many of the goals in the Council Committee's report were not discussed by the Planning Panel. Council Member Capowski expressed concern that the Committee's report had been done hastily and potentially encountered a process which had been working well.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO TABLE THE COMMITTEE'S REPORT.

Mayor Waldorf asked whether there was comment on the substitute motion.

Council Member Chilton said it was not acceptable to delay the process indefinitely, as suggested by the substitute motion. Council Member Chilton also said he thought it was very important to keep moving the process along, with additional Council discussion to take place at the Council's April 2nd meeting.

Council Member Pavão stated that the Council Committee's memorandum went too far, was too restrictive, disregarded the Planning Board and minimized the efforts of the Planning Panel. He also expressed concern that the recommendations in the report would destroy the collaborative efforts between the Town and University which had been built up over the past eighteen months.

Council Member Evans said that the Council had invited Dwight Merriam to assist with the overall zoning process. She stated that greater flexibility was needed to achieve agreements on zoning and other development related matters.

Stating that she thought the Council had reached agreement to fashion a new zoning category, Council Member Andresen said that the goals developed by the citizen's committee were excellent work. Council Member Andresen said it was very important to give the consultant (Mr. Merriam) specifics about the Council's values relative to the two land parcels. Council Member Andresen also stated that it was important to have a good, tough zone in place in order to proceed with good negotiations.

Council Member Brown said the Council Committee had no intent of subverting a collaborative process. She stated that the proposed process and timetable adopted earlier by the Council specifically mentioned the importance of a continuing collaborative process. Council Member Brown noted that the Council Committee had used the Planning Panel's second interim report in putting together their report to the Council. Council Member Pavão said three sequential reports had been presented to the Council by the Planning Panel. Council Member Brown said the Panel's first and second interim reports were quite similar.

Stating that actions in the report would be premature in her opinion, Mayor Waldorf said she would vote against the substitute motion. Mayor Waldorf also said she was not currently optimistic that the Council would be able to move forward with approval on this matter on April 2nd.

Council Member Powell said it appeared that the Planning Panel was being criticized for bringing forward its reports to the Council.

THE MOTION TO SUBSTITUTE THE SUBSTITUTE MOTION FOR THE MAIN MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO SUPPORTING THE MOTION.

Mayor Waldorf noted that the main motion was to refer the matter to the Manager. She inquired whether the motion included referral to the Planning Board. Council Member Chilton said absolutely, with the Board taking up the matter at the earliest opportunity.

Noting that the Council had set an aggressive schedule in this matter, Council Member Franck suggested that the Planning Board might be able to schedule a special meeting to discuss the Horace Williams and Mason Farm tracts.

Council Member Brown said that the Planning Board would play a vital role in the overall process.

Council Member Pavão asked whether there was a specific date for the matter to come back before the Council. Council Member Chilton said the follow-up date was April 2nd.

Council Member Evans said it would be irresponsible not to give the Planning Board sufficient time to respond in this matter. Stating that there had been some past communications problems in this matter, Council Member Andresen said the Planning Board was an integral decision maker in this process.

THE MOTION TO REFER THE MATTER TO THE MANAGER AND PLANNING BOARD WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND PAVÃO VOTING NO.

Item 4.1 Petitions

Allison Britt, a member of the UNC Student Recreation Society, said her organization was participating in the national "March for Parks" program and that the proceeds would be donated to a Chapel Hill park. Ms. Britt said that the three and a half mile march would take place on March 20th. She also stated that local sponsors would help out with refreshments and other arrangements.

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

Noting that the Council had been informally discussing the possibility of a parks and recreation bond for a number of months, Council Member Capowski requested that the Manager provide the Council with an outline of a process to get a parks and recreation bond on the November, 1996 ballot. He said it was time to seek citizen's permission to purchase and develop open spaces as they became available. Council Member Andresen stated that there might be mechanisms other than general obligation bonds to acquire greenspace and open space. Council Member Capowski expressed his concurrence with this observation.

Mayor Waldorf noted that the Council would be able to have a preliminary discussion of long-range capital needs on Wednesday evening.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER TO PROVIDE A PROCESS REPORT ON FUNDING OF FUTURE PARK LANDS, PASSIVE AND ACTIVE RECREATION, GREENWAYS AND OPEN SPACE VIA GENERAL OBLIGATION BONDS ON THE NOVEMBER, 1996 BALLOT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REMOVE ITEM #10, "PAY AS YOU THROW" FROM THIS EVENING'S AGENDA, IN LIGHT OF THE FORTHCOMING CONSULTANT'S REPORT ON THIS MATTER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4.1 Consent Agenda

Noting that he had a direct financial interest in the matter, Council Member Chilton requested recusal from item 4.1f, a request from Cityscape. Council Member Brown requested removal of item g for discussion. Council Member Franck requested removal of item d. Council Member Capowski requested removal of item e for discussion.

THE BALANCE OF THE CONSENT AGENDA (EXCEPTING ITEMS D-G) WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE (96-3-25/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 February 5th, 12th, 19th, 21st and March 1st.

b. Annual audit contract (R-2).

c. Deleted.

d. An ordinance prohibiting placement of recyclable corrugated cardboard in bulk containers and compactors for refuse collection by the Town (O-2).

e. Request to Orange County Board of Commissioners for County funding of Town library and parks and recreation services to County residents (R-3).

f. Approving request by City Search, Inc. to use the Town flag in an information service on the Internet (R-4).

g. Calling special Council meeting (Friday, March 29th at 7:30 a.m.) (R-4.1).

h. Change in holiday for Library (R-4.2)

This the 25th day of March, 1996.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1995-96 (96-3-25/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the Certified Public Accounting firm of McGladrey and Pullen, LLP in the amount of $32,500.

This the 25th day of March, 1996.

A RESOLUTION AUTHORIZING THE MANAGER TO CLOSE THE LIBRARY ON EASTER SUNDAY INSTEAD OF GOOD FRIDAY (96-3-25/R-4.2)

WHEREAS, the current library holiday schedule is to close on Good Friday and be open on Easter Sunday, and

WHEREAS, patron use of the library is anticipated to be normal on Good Friday and to be significantly reduced on Easter Sunday, and

WHEREAS, the library currently has reduced hours and services on Martin Luther King Jr. Day, Memorial Day and Labor Day.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be authorized to close the library on Easter Sunday instead of Good Friday.

This the 25th day of March, 1996.

Mayor Waldorf noted that one citizen wished to speak on item 4.1d. Wanda Wheeler, Manager of the Kensington Trace community, said she was a supporter of the Town's recycling programs. Ms. Wheeler expressed concern about the proposed ban on corrugated cardboard. She stated that some residents and homeowners were ignoring the ban. Ms. Wheeler expressed concern that even if she knew who was not following the rules, the pick-up of trash could be denied. Ms. Wheeler said it might be more appropriate to have more public education programs, rather than fines, relative to corrugated cardboard.

Item 4.2 Information Reports

Council Member Andresen requested removal of item e for discussion later in the meeting.

The Reverend Mr. Bowden inquired whether or not he could discuss additional concerns about the maintenance of streets in the Knolls community with Mr. Horton. Mayor Waldorf said yes.

Item 5 Appointments to Boards and Committees

Affordable Housing Committee

JOANNA BROWNSTEIN AND DAN COLEMAN WERE APPOINTED TO THE COMMITTEE ON THE FIRST BALLOT. ALICE MILLER WAS APPOINTED ON THE SECOND BALLOT. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE. THE COUNCIL ALSO UNANIMOUSLY APPOINTED COUNCIL MEMBER CHILTON TO SERVE AS THE COUNCIL'S REPRESENTATIVE ON THE COMMITTEE.

OWASA Board

PETER GORDON WAS UNANIMOUSLY APPOINTED TO THE OWASA BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Item 6 Northern Community Park

Parks and Recreation Director Mike Loveman presented a brief overview of the item. Referencing a letter from Blair Pollock of the Lake Ellen Homeowners Association, Council Member Andresen asked whether Town staff would consult with the Homeowners Association regarding the Northern Community Park proposal. Mr. Horton said staff would be pleased to work with the Homeowners Association in this matter.

Council Member Pavão said he was disappointed that no soccer fields were included in the first phase of the project due to budget related problems. Project Manager Mark Robinson said that a lot of the project's initial funding was dedicated to infrastructure, such as the construction of roadways. Mr. Robinson said that he and his staff would be willing to accommodate whatever the Town wished to fit into the project's first phase.

Council Member Evans said the Council had heard from citizens at a recent hearing about the dire need for additional soccer fields in the Town. Noting that completion of the community center facility would not occur until the project's third phase, Council Member Evans proposed that the Council consider not building a proposed long roadway until later in the project. She said that savings from such a change could be used to fund a soccer field in the first phase.

Mr. Horton said that staff could further investigate the two alternatives suggested by Council Members this evening.

Council Member Chilton said he favored referral of the matter back to staff for development of alternatives with greater emphasis on soccer facilities, with the item returning to the Council as soon as feasible.

Council Member Powell said she would vote against such a referral believing that the Parks and Recreation Commission must have had some reason for their recommendations on soccer field phasing. Council Member Powell also said she would like to hear from the Commission on this matter.

Council Member Capowski expressed his concurrence with Council Member Powell's remarks. He stated soccer proponents had spoken at the hearing because they were concerned about the status of the proposed soccer fields.

Council Member Chilton reiterated his earlier proposal to refer the matter back to the Manager to present the Council with options having a greater emphasis on soccer facilities. Council Member Brown asked whether review by the Parks and Recreation Commission was included in this referral. Council Member Chilton said this was correct. Mayor Waldorf inquired about Council Member Chilton's reaction to Council Member Evans' suggestion regarding deferring roadway and sidewalk improvements to provide earlier funding for the soccer fields. Council Member Chilton said that Town staff could develop options for the Council's consideration in this matter. Mr. Horton said it would be necessary to reopen the special use permit process and readvertise if major changes, other than phasing, were contemplated in the special use permit. Mayor Waldorf noted that Council Members appeared to be most interested in possible changes in project phasing.

Council Member Evans requested that the Manager's follow-up report to the Council include information about the number of ball fields and soccer fields coming on line in the near term in association with new schools in the community.

Council Member Brown requested a clarification of roadway needed for the project's first phase. Mr. Horton said some sort of access road would be need for the project's first phase. Mayor Waldorf requested that a copy of the minutes from this item be forwarded to the Parks and Recreation Commission.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF AND THE PARKS AND RECREATION COMMISSION FOR DEVELOPMENT OF ADDITIONAL OPTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mr. Horton said adoption of Resolution 6 would permit the Town's acquisition of a 0.71 acre tract from Freedom House.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO COMPLETE THE ACQUISITION OF APPROXIMATELY .71 ACRES OF PROPERTY FROM FREEDOM HOUSE INC. FOR USE IN EXTENDING STATESIDE DRIVE (96-3-25/R-6)

WHEREAS, the draft Northwest Small Area Plan includes an extension of Stateside Drive to an intersection with Weaver Dairy Road; and

WHEREAS, an extension of Stateside Drive through the park site would result in the loss of a ballfield; and

WHEREAS, Stateside Drive could be extended on property currently owned by Freedom House Inc.; and

WHEREAS, the Board of Freedom House Inc. has agreed to sell the land needed to extend Stateside Drive for the sum of $23,500;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is hereby authorized to purchase approximately .71 acres of property from Freedom House Inc., as shown on the attached sketch, for $23,500, for construction of an extension of Stateside Drive, consistent with the approved Special Use Permit for the Northern Community Park.

This the 25th day of March, 1996.

Item 7 Conditional Use Zoning DOTA

Mr. Waldon said staff felt that the text amendment was a good idea and recommended its adoption. Council Member Andresen inquired whether it would be possible under the terms of the text amendment to tear down existing homes in order to construct new buildings. Mr. Horton said there was nothing in the text amendment to prevent this course of action. Mr. Waldon said this course of action could be taken in association with the Town's zoning review and conditional use processes, if the applicant desired.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE MAKING ADJUSTMENTS TO CONDITIONAL USE ZONING PROVISIONS (96-3-25/O-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;

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and/or achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be amended as follows:

SECTION I

AMEND the last paragraph of Section 20.2 of the Chapel Hill Development Ordinance to read as follows:

A request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional use district may include a request, by the property owner(s), to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application.

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 25th day of March, 1996.

Item 8 Forest Creek II Subdivision

Planning Director Roger Waldon said reviewed the matter, noting that widening one-half of a thirty-three foot cross section of Piney Mountain Road was proposed by staff, especially to accommodate bicycle lane improvements. He also said staff had revised its original recommendation so that a sidewalk would not be required on Eastwood Road. Noting that the completion of the subdivision was in the hands of the courts, Mr. Waldon said staff recommended a slight revision to the resolution, recognizing that the courts would have the final say in this matter.

Robert Nau, 100 Collinson Drive, said he favored having bicycle paths along Piney Mountain Road. He inquired about the Town's commitment to the widening of Piney Mountain Road in the future. Mr. Nau also inquired about the possibility of routing the proposed sidewalks through woods in the area.

Laura Gaulden, a Collinson Drive resident, said although she was thankful for the staff's efforts in the matter, she requested that the Town investigate the possibility of locating the proposed bicycle path on the other side of the road. She expressed disappointment that neighborhood residents had not been included in the follow-up process by Town staff. Ms. Gaulden stated that many concerns could have possibly been resolved earlier in the review process.

Council Member Franck inquired about the possibility of locating a sidewalk outside of the right-of-way. Mr. Horton said he did not believe that it would be possible or necessary to locate the sidewalk outside of the right of way.

Council Member Brown suggested possibly referring the matter back to staff, with instructions that the Manager meet with neighborhood residents, in order to resolve the matter to everyone's satisfaction.

Noting that area residents had especially expressed concern about the number of times they had to come before the Council on this matter, Council Member Evans said the matter could come back before the Council again if the residents wished for this to happen.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8A, AS AMENDED.

Council Member Evans requested that the homeowners think about using any leftover funds to accommodate street tree plantings along Piney Mountain Road.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER BROWN, A PROPOSED AMENDMENT THAT THERE BE A 27-FOOT WIDE CROSS SECTION, RATHER THAN A 33-FOOT CROSS SECTION IN SECTION 2 OF THE RESOLUTION.

Council Member Capowski requested the staff's response on this proposal. Mr. Waldon said that widening from half a 27 foot cross section to a 33 foot cross section would involve a modest amount of widening and pavement. Council Member Franck said the widening would basically involve placing curb and guttering at the edge of existing pavement. Mr. Horton also said that setting back sidewalks for pedestrian safety would also be involved. He added that half of a 27-foot cross section would provide sufficient access to support utilities.

THE PROPOSED AMENDMENT WAS ADOPTED UNANIMOUSLY (9-0).

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

A RESOLUTION APPROVING A PRELIMINARY PLAT MODIFICATION APPLICATION FOR FOREST CREEK II SUBDIVISION (96-3-25/R-8a)

WHEREAS, the Council of the Town of Chapel Hill approved a preliminary plat for Forest Creek II Subdivision on January 13, 1988 (amended May 9, 1988) approving the subdivision with conditions; and

WHEREAS, the developer and some property owners petitioned the Council on October 9, 1995 requesting consideration of alternative conditions of the January 13, 1988 (amended May 9, 1988) preliminary plat approval;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Forest Creek II Subdivision Modification, proposed by the developer and some property owners, if developed according to the Preliminary Subdivision Plan dated August 8, 1987, the terms of the May 9, 1988 Council approval and with modification to the following conditions listed below, would comply with the provisions of the Development Ordinance:

1. That Piney Mountain Road be improved from the Eastwood Road intersection along this site's frontage to: the equivalent of 1/2 of a 33 41 foot cross-section with curb and gutter and provision of a 10-foot wide bus pull-off; with dedication of 1/2 of a 70-foot right-of-way; and, provision of a 5-foot wide paved sidewalk installed along the east side.

2. That Eastwood Road be improved to 1/2 of a 27-foot wide cross-section with curb and gutter and a 5-foot wide paved sidewalk along this site's frontage and extending to the Piney Mountain Road intersection, and that Shady Lawn Road be paved to an asphalt width of 22-feet, with curb and gutter on the south side, along the property's frontage. The Shady Lawn Road and Eastwood Road intersection shall be improved to include curb and gutter at the radius of the intersection.

30. That any entranceway plantings shall be located outside of public right-of-way and sight triangle distances.

BE IT FURTHER RESOLVED that the Council hereby approves the application for modification of preliminary plat approval for Forest Creek II Subdivision in accord with the plans and modified conditions listed above. The Town Manager is hereby authorized to adjust the required public improvements noted above should the escrow account monies be determined to be inadequate to complete the improvements stipulated above. Any remaining money in the Escrow Account shall be released to the appropriate party.

This the 25th day of March, 1996.

Item 9 Growth Management Initiatives

Noting that the Council had discussed growth management initiatives at its February 26th meeting, Council Member Brown said a list of possibilities had been developed for further Council discussion this evening.

Council Member Andresen said that the Town had a number of tools in place to measure impacts on growth. She briefly reviewed the proposed list of goals including: development of a list of environmentally sensitive lands in the Town, measuring the impact of development proposals on water supplies and school facilities, measuring stormwater impacts of new development on existing developments. Council Member Andresen said she would like to see the entire listing of growth management initiatives go forward for consideration at the public forum.

Noting that he understood the Council's goals in this matter, Richard "Stick" Williams said he was very pleased with the previous Council's action regarding the Meadowmont master land plan's commitments relative to school facilities. Mr. Williams said such requirements might have the unintended consequence of making some developers averse to proposing commercial developments. Mr. Williams also said he hoped that the Council would think carefully about the possible impacts of growth management initiatives on future job growth potential in the Town.

Council Member Chilton asked whether it was correct that a public hearing or forum would be the next step in this matter. Council Member Andresen said this was correct. Council Member Chilton asked whether the matter would come back on a public hearing night. Council Member Andresen said it was also possible to schedule a public forum on a regular meeting night.

Stating that a number of the suggestions were insufficiently clear to her, Mayor Waldorf suggested that the Council have a work session to discuss the items or possibly discuss the items this evening.

Council Member Capowski said it was not possible to have an intelligent discussion among Council Members or to have a public forum until the Council knew the amount of staff work involved with the possible initiatives.

Stating that the Council needed to discuss this matter in detail, Council Member Evans suggested holding a Council work session on the possible initiatives.

Council Member Franck said the idea of a work session might be a good one. He suggested further paring down the list of initiatives for discussion.

Expressing concern about possibly delaying the matter, Council Member Brown said she believed it was time to hear from the public on this matter and to move forward as soon as possible.

Noting that he had a large number of unresolved questions and had been left "out of the loop" in some respects, Council Member Pavão said he did not think that the Council was ready to receive public comment on this matter.

Stating that there had been no intent to leave Council Member Pavão out of the process, Council Member Andresen said the Council needed time to discuss the initiatives and to have a work session in the near term, before the end of April.

Mayor Waldorf suggested that the Council reexamine the Town's land-use and zoning maps, relative to undeveloped or underdeveloped land parcels within Town limits. She passed out such a map drafted by Town staff earlier in the day. Mr. Horton noted that the map was a draft document, the main idea of which was to identify parcels of land which had not been developed or master planned.

Stating that it was important to look at things other than zoning and fiscal impacts, Council Member Brown suggested holding a work session early in April, if the Council chose to hold one.

Council Member Andresen said it might be useful to have little issue papers on the top ten topics on the priority list.

Mayor Waldorf inquired whether there was Council consensus to hold a work session on the matter. There were no objections to a future work session.

Stating that it would be premature to take any items off the listing, Council Member Chilton said he was not sure that it was the right time to lay out an agenda for a proposed work session.

Council Member Capowski requested a rough estimate of cost for each of the growth management tools. Council Member Andresen said such an analysis could include information about how much the Town would expend if the matters were not addressed. Mayor Waldorf asked whether Council Member Capowski was requesting attention to dollar costs and staff hours involved. Council Member Capowski said this was correct.

Council Member Franck said he would be willing to take two or three items and develop a little more information about them, including projected costs. Council Member Brown said she did not know how costs could be estimated at this point. Mr. Horton said it would be very difficult to make cost determinations at this point.

Council Member Evans said she hoped that the Council would use information from experts such as the Triangle Land Conservancy, regarding the concerns and drawbacks relative to proposed growth management initiatives. She said that Council review of this information would be a good idea prior to any decisionmaking.

Council Member Brown said a lot of detail would not be needed prior to a Council work session on this matter. Council Member Brown said she would like to set a work session in early April to discuss the possible initiatives.

Mr. Horton reviewed the Council's near-term meeting schedule. Mayor Waldorf noted that there was Council consensus to review possible dates for a work session.

Item 11 Project Turnaround

Mr. Horton said although he was convinced by data that the Project Turnaround program worked well, programs of this type should be funded by county government, rather than the Town.

Council Member Capowski expressed concurrence with Mr. Horton's observations.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 10.

Mayor Waldorf noted that the Town had received many letters of support from law enforcement officials on this matter.

RESOLUTION 10 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE MANAGER TO SUBMIT A 1996-97 COMBINED FUNDING APPLICATION REQUESTING THAT ORANGE COUNTY FUND PROJECT TURN AROUND (96-3-25/R-10)

WHEREAS, Project Turn Around is a successful Court diversionary program for first-time, non-violent, felony, drug offenders; and

WHEREAS, Project Turn Around is a program of the Chapel Hill Police Department which started in November, 1993 with funds from the Governor's Crime Commission; and

WHEREAS, the Town of Chapel Hill provided twenty-five percent of the funds for two years, and total funding in Fiscal Year 1995-1996; and

WHEREAS, Project Turn Around has been positively received by the District Court Judges, the District Attorney's Office, the Public Defender's Office, and defense attorneys, and the number of participants exceeded original expectations; and

WHEREAS, there have been requests to expand Project Turn Around to include misdemeanant, as well as felons, and to include all of the 15-B Judicial district; and

WHEREAS, the Project Turn Around Oversight Committee has requested that Orange County fund Project Turn Around;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to submit a 1996-97 Combined Funding Application requesting that Orange County fund Project Turn Around.

This the 25th day of March, 1996.

Item 12 Scheduling Process for Hotel-Motel Grant Fund Allocation

Mr. Horton said staff welcomed the Council's guidance in this matter.

Council Member Andresen inquired about the Council's policy regarding funding of the Orange County Visitor's Bureau. Mr. Horton said the policy called for fifteen percent of hotel-motel tax fund proceeds to be earmarked for the bureau's activities. Stating that a large portion of these funds was used to fill local hotels, Council Member Andresen suggested that the Council revisit this policy in the future.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11.

Council Member Pavão said he would pass out some documentation in the near future regarding the Orange County Visitors Bureau. He stated that this information could be discussed in the future.

Council Member Brown asked whether all matters were open for discussion when the item returned. Mr. Horton said this was correct.

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A PROCESS AND SCHEDULE FOR REVIEWING PROJECT PROPOSALS FOR USE OF HOTEL/MOTEL TAX REVENUES (96-3-25/R-11)

WHEREAS, the Council has adopted criteria for considering project proposals for use of hotel/motel tax revenues; and

WHEREAS, the Council will approve a total amount to be allocated

for these project proposals as part of the budget process for FY 1995-96; and

WHEREAS, the Town staff will evaluate project proposals and make recommendations to the Council in June, 1995;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorize the following schedule and process for the review and allocation of funds from hotel/motel tax revenues:

April 10, 1996: Mail notices to organizations on an ongoing mailing list informing them that applications are available.

April 14, 1996: Advertise in a local newspaper that hotel/motel tax grant applications and criteria are available. Send application forms and copies of Council approved criteria to organizations and individuals upon request.

April 14 - May 20, 1996: Accept applications from all interested individuals and organizations.

May 21 - June 7, 1996: Staff would evaluate all grant proposals based upon Council approved criteria and develop recommendations for allocating grant funding. Copies of all hotel/motel tax grant proposals would be available for review by the Council on May 21, 1996.

June 24, 1996: Council would consider applications and staff recommendations and could take action assuming previous adoption of the FY 1995-96 budget which would include the amount of hotel/motel tax proceeds to be distributed for visitor information and cultural events.

June 25, 1996: Upon Council approval, staff would begin to negotiate performance agreements with all individuals and organizations selected to receive grants.

This the 25th day of March, 1996.

Item 13 Authorizing Sale of Parks & Recreation/

General Obligation Bonds

Finance Director James Baker said the Town's bond counsel had prepared two resolutions relative to bonds and that staff recommended their adoption by the Council. Mr. Baker stated that the worst case scenario for annual savings from the refinancing would be $20,000 per year.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 12B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 14 Items by Boards and Commissions and Orange County

Library Board of Trustees

Library Trustee Virginia Young thanked Town Attorney Ralph Karpinos and the Friends of the Library for their assistance in helping to form a public foundation. Ms. Young said the foundation was in process of drafting its articles of incorporation and bylaws. Ms. Young also thanked the Council for its past and continuing support. Ms. Young said she would be pleased to provide additional details as the foundation's activities moved along. Mayor Waldorf expressed the Council's appreciation for the Board's work on the concept of a public foundation. Council Member Andresen said the proposal sounded like a terrific project.

Public Arts Commission

Arts Commission Member Nancy Preston congratulated the Council's new members. Ms. Preston said the "gun sculpture" project had evoked many negative concerns in the community. She stated that all opinions expressed to the Commission were good and helpful. Ms. Preston also expressed gratitude to all citizens who had forwarded petitions, cards and letters relative to the sculpture project. She thanked the members of the Public Arts Commission for taking their roles very seriously throughout the process and to Gene McLaughlin of the North Carolina Public Arts Council for his assistance throughout the process. Ms. Preston also thanked Thomas Sayre for taking direction and for his sensitivity in the matter. Ms. Preston said a wider and deeper issue might need to be raised: how does the Town feel about violence on its streets?

Joe Rowand requested that the Council endorse the resolution proposed by the Public Arts Commission.

Referencing point five in the proposed resolution, Council Member Brown said that holding a public forum before the Council made a recommendation might avoid problems encountered the last time through a similar process. Mr. Rowand said a model might also be available to share with the public early in the process. Council Member Brown suggested the possibility of scheduling a public forum before the Council and noted the importance of getting out information to the public as soon possible. Mr. Rowand said the Commission recognized the importance of public input in the process.

Council Member Andresen expressed appreciation to Ms. Preston and Mr. Rowand for the commission's ideas and creativity. She noted that there were a number of advantages to holding a Council public forum on any proposals as early as possible in the process.

Council Member Andresen noted the importance of point number two, concerning turning the project into something quite positive. Mr. Rowand said the Commission hoped the projected would be of redemptive quality. Council Member Evans suggested that the second whereas be amended to emphasize community values.

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

Council Member Chilton noted that the only reason that the Council was asked to approve the originally proposed sculpture was that the sculptures were to be placed in areas (right-of-way) under the control of the North Carolina Department of Transportation. Council Member Chilton stated that one of the opponents of the original project, Ruby Sinreich, was encouraged by the concept of receiving more public input on the matter. He said that Ms. Sinreich was concerned about the sculpture focusing on negativity.

Noting that guns were not the most important subject for a sculpture in the Town, Council Member Capowski said he would be delighted to support Council Member Evans proposed amendment, eliminating the concept of violence from the statue.

Mayor Waldorf noted that Betty Copeland, the widow of Buck Copeland, victim of a recent shooting tragedy in the Town, had brought a very thoughtful letter to her office earlier in the day. Mayor Waldorf said copies of the letter would be distributed to the Arts Commission and the Council.

Council Member Pavão called the question.

RESOLUTION 13, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING THE RECOMMENDATION OF THE CHAPEL HILL PUBLIC ARTS COMMISSION ON THE PUBLIC SCULPTURE PROJECT (96-3-25/R-13)

WHEREAS, The Council requested that the Chapel Hill Public Arts Commission provide a public forum to give the citizens of Chapel Hill the opportunity to express opinions and to respond to the planned public sculpture project. The Council also requested that after the public forum a recommendation on the public sculpture project be prepared by the Chapel Hill Public Arts Commission; and

WHEREAS, The Chapel Hill Public Arts Commission has recommended the following:

1. Continue the process toward an evolved sculpture which will not be referred to as the Gun Sculpture.

2. The new design, evolving from the original, and expressed by a new title will be created by Thomas Sayre and will reflect community values.

3. The Chapel Hill Public Arts Commission will continue to monitor community values and how a sculpture might reflect those values.

4. The evolution of the design will yield a new round of drawings, structural engineering, material samples, and a scale model depicting the new sculptural idea. The design phase of the new public peace project will cost $3500.

5. The new drawings, material samples and scale model will be presented to our independent jury. The presentation to the independent jury will take place ninety (90) days after the artist has returned to his studio. If approved by the jury, a period of time will be allowed for public comment before the Chapel Hill Public Arts Commission makes the recommendation to the Council.

6. The educational aspects of the project will include video documentation of the entire process. The video will contain interviews with local citizens, law enforcement officers, school psychologists, social workers, and the meetings of the artist with the citizens group.

7. An art development fund will be established by the Chapel Hill Public Arts Commission to seek monies for underwriting this project and future public art endeavors. Monies for this fund will be sought from granting agencies, businesses, and private citizens. We have applied to the Triangle Communities Foundation and the N.C. Arts Council for funding.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council has accepted and approved the recommendation from the Chapel Hill Public Arts Commission on continuing the process toward an evolved public sculpture project.

This the 25th day of March, 1996.

Mayor Waldorf said that there was a wonderful lawn in front of fire station number three which might make a good home for a nice piece of public art work and benches. Council Member Evans noted that this was one of the recommendations of the East Franklin Street corridor study.

Orange County Senior Centers

Betty Landsberger thanked the Council for appointing her as a Town representative to the Orange County Senior Center Committee in May, 1994. Ms. Landsberger said the committee had prepared a long-range plan for senior centers in Orange County. She also said the committee was recommending that satellite senior centers could serve as offshoots from the main senior center on Elliott Road. Ms. Landsberger noted that the committee was hoping to encourage a private group to work along with local governments in Orange County to make the senior center plan come to fruition.

Mayor Waldorf asked whether or not there were any question from Council Members. Council Member Capowski said it was important to keep in mind funding inequities between the Town and Orange County relative to programs such as the senior center. He stated that the proposed funding alliance needed to be expanded to include the Town of Carrboro. Council Member Capowski also noted the importance of keeping in mind the Town's overall demographics relative to the needs of older citizens.

Orange County Senior Services Director Jerry Passmore said that the Town of Carrboro had a lesser percentage of older residents than the Town. He added that most older residents of the Town lived on the eastern side of the Town.

Item 14 Discussion of Consent Agenda Items

Corrugated Cardboard

Council Member Franck suggested changing language in the proposed ordinance concerning penalties for violations or referring the matter back to the Manager. Mr. Horton said he hoped that the Council would act on the matter this evening.

Council Member Capowski asked whether it was correct that dumpster would not be picked up if corrugated cardboard were found in them. Mr. Heflin said this was one option, he noted that the Town had other mechanisms to get in touch with the owner or lessor of containers. Council Member Capowski asked whether the amount of fines could be transferred back to dumpster owners. Mr. Heflin said staff was concerned about the amount of fines. Council Member Capowski inquired what would happen when dumpsters were not picked up during hot weather. Council Member Chilton said the program's focus was on forcing people to change their habits relative to corrugated cardboard. Mr. Horton said the key point of the provisions in section 8-31 was to make a particular party responsible for fines.

Council Member Brown asked whether staff could address the concerns raised earlier in the meeting by Ms. Wheeler. Noting that Ms. Wheeler was a representative of a condominium association, Mr. Horton said if the condominium rules had no specific provisions to address this matter, they could possibly be amended. He noted that the Town had no involvement in the matter referenced by Ms. Wheeler.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 2.

Council Member Franck suggested adding the word "corrugated" near the bottom of page four. Mr. Horton said that homeowners associations should be held responsible in these instances. Council Member Franck said he was trying to eliminate the requirement that owners needed to secure containers. Mr. Karpinos said the proposed provision in the ordinance was a reasonable way to handle what was going into the dumpster.

Council Member Capowski inquired about the logic of the landfill accepting a truck with a large amount of corrugated cardboard. Mr. Horton said the cardboard was in a closed container which could be observed only by inspectors at the landfill as the truck dumped its contents.

Noting his concerns about public health, Council Member Capowski said he would vote against the proposed ordinance.

ORDINANCE 2 WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CAPOWSKI, FRANCK AND POWELL VOTING NO.

AN ORDINANCE PROHIBITING THE DISPOSAL OF CORRUGATED CARDBOARD FOR DELIVERY TO THE ORANGE REGIONAL LANDFILL (96-3-25/O-2)

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

A. Findings and Purpose. The Town Council does hereby find that:

a) The Town and other co-owners of the Orange Regional Landfill have recently enacted ordinances prohibiting the disposal of recyclable corrugated cardboard at the Orange Regional Landfill.

b) As part of that ban, the owners of the landfill have enacted substantial penalties to be assessed against persons who deliver solid waste for disposal at the Orange Regional Landfill which contains recyclable corrugated cardboard.

c) The Town owns a number of solid waste dumpsters and compactors throughout the Town for the disposal of solid waste.

d) The Town collects, for disposal at the Orange Regional Landfill, a number of solid waste dumpsters and compactors, both publicly and privately owned.

e) Facilities and resources are reasonably available in the greater Chapel Hill community for the recycling and reuse of corrugated cardboard making disposal in containers to be delivered to the Landfill unnecessary.

f) The Town has the legal authority under state law, including but not limited to North Carolina General Statute Sections 160A-317, 160A-174 and 160A-175 to enact reasonable police power regulations with respect to the disposal of solid waste and to provide reasonable penalties and other provisions for the enforcement thereof.

g) The enactment of regulations regarding the disposal of recyclable corrugated cardboard is necessary to promote the public welfare and to allow the Town as the operator of a solid waste collection system to comply with regulations governing the disposal of waste at the Orange Regional Landfill.

B. Article II, Chapter 8 of the Town Code is hereby amended as follows:

Section 1. Section 8-21. Definitions. is hereby amended by adding a definition of corrugated cardboard to read as follows:

"(fff) Corrugated cardboard. 3-layered cardboard material with a middle, wavy layer. Non-recyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such as styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this definition."

Section 2. Section 8-24. Rubbish disposal. is hereby amended by deleting the language "Cardboard, corrugated board," and changing the word "kraft" to "Kraft".

Section 3. A new Section 8-26 is hereby added to read as follows:

"Sec. 8-26. No cardboard to be placed in bulk containers and compactors.

No cardboard shall be placed in public or private bulk containers or compactors for collection and disposal at the Orange Regional Landfill.

No person shall purposely contaminate any corrugated cardboard so as to make it not recyclable and then place it in any public or private bulk container for disposal at the Orange Regional Landfill."

Section 4. A new Section 8-31 is hereby added to read as follows:

"Sec. 8-31. Responsibility of owner of container for materials placed for disposal.

The owner of any bulk container or compactor used for the disposal of solid waste which is intended to be delivered to the Orange Regional Landfill shall secure the container or compactor so that the owner maintains control over access to and use of said facility.

In addition, the owner shall properly and clearly label all bulk containers and compactors indicating that the disposal of corrugated cardboard in said facility is prohibited by Town Ordinance and that the disposal of prohibited materials is subject to civil or criminal penalty as provided by Town Ordinance.

For purposes of this section and Section 8-44, the term "owner" shall include any person who has leased a bulk container or compactor for use on private property.

Nothing in this section shall be construed as relieving individuals other than the owner of responsibility for complying with Town ordinances and regulations regarding the disposal of solid waste.

Section 5. Section 8-33 of the Town Code is hereby amended by adding a fourth sentence to read as follows:

"No person shall use such cans, receptacles or areas adjacent to such cans for disposal of cardboard."

Section 6. Section 8-35 of the Town Code is hereby amended by adding a new paragraph at the end of the current text to read as follows:

"No person shall place cardboard in any bulk container being provided for the disposal of solid waste at a multiple residential unit location under this section."

Section 7. Section 8-38 of the Town Code is hereby amended by adding a new paragraph at the end of the current text to read as follows:

"No person shall place cardboard in any bulk container being provided for the disposal of solid waste at a retail, wholesale or commercial establishment location under this section."

Section 8. Section 8-44. Penalties is hereby rewritten to read as follows:

"Sec. 8-44. Penalties and enforcement.

Any violation of sections 8-23, 8-24, 8-24.1, 8-25, 8-26, 8-29 through 8-34, or 8-42 shall constitute a misdemeanor as provided by G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

a. Any violation of sections 8-23, 8-24, 8-24.1, 8-25, 8-26, 8-33, 8-35 or 8-38 shall constitute as civil violation and be subject to a civil penalty in the amount of $25. Each day that a violation continues uncorrected shall constitute a separate violation.

b. Any violation of sections 8-29, 8-30, 8-32 or 8-34 shall constitute a misdemeanor as provided by G.S. Sec. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days. Violations of sections 8-29, 8-30 or 8-34 may also be enforced by the assessment of a civil penalty as provided by law. Each day that a violation continues uncorrected shall constitute a separate violation.

c. The Town may refuse to collect any private dumpster or compactor which it determines upon inspection contains corrugated cardboard or any other material prohibited by this Article from being disposed of at the Orange Regional Landfill. If the Town refuses service, a $25 civil penalty will be assessed against the owner of the container. The Town will advise the owner of the container of the violation and allow the owner 3 days to correct the violation. If upon reinspection the container is found to still contain corrugated cardboard or other materials prohibited by this Article, an additional civil penalty of $50 shall be assessed. Each day the violation continues thereafter shall constitute a separate offense and subject the owner to an additional $50 per day civil penalty. Service of the container may be refused by the Town until the violation is corrected.

d. Any violation of the requirements of Section 8-31 for the owner to properly secure and label a dumpster, bulk container or compactor shall subject the owner thereof to a civil penalty $25. If the violation is not corrected within 3 days, an additional civil penalty shall be assessed in the amount of $50. Each day the violation continues thereafter shall constitute a separate offense and subject the owner to an additional $50 per day civil penalty. If the container is one which is being collected by the Town, the Town shall refuse service until the violation(s) is/are corrected.

e. Upon a determination that any party is placing corrugated cardboard or any other material, the disposal of which is prohibited by the Town Code, in a Town-owned compactor or dumpster, the Town may suspend that person's right to use the Town container for disposal of solid waste. Upon suspension of such service, said person shall immediately return to the Town any key(s) provided by the Town for access to said container. Violation of this section shall constitute a civil penalty in the amount of $50.

f. The Public Works Director and his/her designees are authorized to determine the existence of the violations and to assess the civil penalties established by this Article by issuing a citation to the person determined to be in violation or by sending a letter to the property owner responsible for the violation. Any such notice or citation shall state the nature of the violation and the procedures available for review of the penalty imposed.

g. Any violation and penalty assessed under this Article may be appealed to the Town Manager provided such appeal is filed with the Town Manager's office within 15 days after notice of said civil penalty. If an appeal is timely filed, the Manager or his designee shall conduct an administrative hearing; shall consider any information the party assessed the penalty presents; and shall render a decision on the appeal within 10 days of the conclusion of the hearing. If no appeal is filed the determination of the Public Works Department shall be final.

h. Any penalty not paid within 30 days assessment or the conclusion of any appeals taken under the provisions of this section may be recovered by the Town in a civil action in the nature of the debt. In addition to the penalties and remedies provided by this section, the Town Manager may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Article.

Section 9. The title of Section 8-45 is hereby rewritten as follows:

"Sec. 8-45. Enforcement of yard waste regulations."

Section 10. This Ordinance shall become effective April 15, 1996, except that owners of compactors and bulk containers shall have until May 15, 1996, to place labels on said facilities and to arrange for the securing of said facilities required by this Ordinance.

This the 25th day of March, 1996.

County Funding of Town Library and Parks & Recreation Services

Council Member Capowski asked whether or not this matter related to $100,000 for the Hargraves Gymnasium project. Mayor Waldorf said the matter dealt with capital assistance. Council Member Capowski said parity was gradually being achieved in this matter.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING ORANGE COUNTY FUNDING OF LIBRARY AND PARKS AND RECREATION SERVICES TO COUNTY RESIDENTS (95-3-25/R-3)

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

* Expresses its appreciation to the Orange County Board of Commissioners for increasing by 11.5% the 1995-96 funding support for Chapel Hill Public Library services to County residents.

* Authorizes the Mayor to transmit to the Orange County Board of Commissioners a request for County funding in support of the Chapel Hill Public Library's services to County residents.

* Requests that the County Commissioners increase the funding for the Chapel Hill Public Library's services to County residents.

* Requests that the Board of Commissioners increase the funding for the Town's recreation services to County residents.

* Authorizes the Mayor to transmit to the Orange County Board of Commissioners a request for County funding in support of the Town's Parks and Recreation services to County residents.

* Authorizes the Library Board of Trustees and the Parks and Recreation Commission, if they so desire, and in consultation with the Mayor, to provide additional comments to the Board of County Commissioners during the County budget deliberations this spring.

* Authorizes the Manager to transmit copies of the Town Council's funding requests to the County Manager.

This the 25th day of March, 1996.

City Search, Inc. Request for Use of Town Flag on Internet

Noting that he worked for the company in question, Council Member Chilton requested recusal from voting in the matter.

Council Member Brown expressed concern about the potential for confusion and misinterpretation relative to use of the Town's logo by private companies such as Citysearch.

Council Member Capowski said the Town was potentially giving away something which might otherwise be sold by the Town.

Council Member Franck said the Town could make a quid pro quo agreement in writing with Citysearch. Council Member Pavão said he believed that Citysearch would be willing to do so.

Noting that the Research Triangle was a test site for Citysearch, Council Member Capowski said he believed that Citysearch would eventually begin charging the Town for its services. Council Member Franck said the cost for the Town to provide a web site would be more than the Town could bear. Council Member Brown said that the Town would be getting value in exchange for use of its logo.

Council Member Capowski asked whether the Town was setting a precedent by having no royalty payment for use of the Town logo. Mr. Horton said agreements could be written to handle different circumstance relative to the use of the Town logo. Council Member Pavão noted that Citysearch was agreeing to put the Town on the Internet at no cost.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON WAS EXCUSED FROM VOTING ON THE MATTER.

A RESOLUTION AUTHORIZING THE MANAGER TO ENTER INTO A LICENSING AGREEMENT WITH CITY SEARCH FOR USE OF THE TOWN'S FLAG LOGO (96-3-25/R-4)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby approves, and authorizes the Town Manager on behalf of the Town to enter into a licensing agreement with City Search for use of the Town's flag logo for up to three years with substantially the following conditions:

1. The Town's flag image would be used only in the context of content provided directly by the Town of Chapel Hill. That content will include but not be limited to information on the Town's form of government, elected officials, Council meeting agendas, recycling and trash collection, the library, parks and recreation and other Town services.

2. The image would not be displayed adjacent to any commercially oriented content.

3. City Search agrees to display a registered service mark if requested by the Town.

4. There would be no payment to the Town.

5. The City Search information service shall be offered to citizens of Chapel Hill via the Internet with no fees paid to City Search or its affiliates for receiving information.

6. City Search shall provide up to date Town Council agenda materials on the Internet site.

BE IT FURTHER RESOLVED that the Town authorizes the University of North Carolina at Chapel Hill to continue including the Town's flag logo on an Internet home page established by the UNC School of Information and Library Science on a non-commercial basis.

This the 25th day of March, 1996.

Calling Special Council Meeting

Council Member Brown said that Council Members were normally asked in advance whether or not they could attend special meetings such as the one proposed for March 29th at 7:30 a.m. with Mr. Merriam. Mr. Horton said Mr. Merriam was available on Friday morning, March 29th, if the Council wished to meet with him. Mayor Waldorf suggested that the Planning Board be invited to attend the meeting. There were no objections.

COUNCIL MEMBER FRANCK MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 4.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A SPECIAL MEETING OF THE CHAPEL HILL TOWN COUNCIL (96-3-25/R-4.1)

WHEREAS, the Council of the Town of Chapel Hill recently authorized execution of a consulting agreement with Dwight Merriam of Robinson & Cole, to assist in the creation of a new zoning district; and

WHEREAS, the Council desires to meet with the consultant to discuss the scope of work for this project;

NOW, THEREFORE, BE IT RESOLVED that the Council calls a special meeting of the Town Council, to be held at 7:30 a.m. on March 29, 1996, at the Chapel Hill Town Hall (1st floor conference room), for the purpose of meeting with the consultant.

This the 25th day of March, 1996.

Mayor Waldorf said that item 4.2 could be addressed at another time.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

There was no need for a closed session. The meeting concluded at 10:55 p.m.