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

OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 27, 1992 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner (arrived at 7:54 p.m.) and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Finance Director James Baker, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremonies

Mayor Broun called upon Joe Hakan to introduce members of the Chapel Hill-Carrboro Chamber of Commerce Board of Directors. Mr. Hakan did so. Mark Collins, Vice-President for Business Development of the Chamber of Commerce, said the Chamber was proud to represent the community. Mr. Collins noted that there had recently been a lack of leadership from the Chamber on business issues. He noted that the Chamber of Commerce would be hosting a number of community forums on business issues in the near future.

Mayor Broun noted that April 28th would be National Youth Services Day. Noting the important contributions of youth volunteers to the community, Mayor Broun presented Town lapel pins as a token of appreciation to Patrick Wilde, Latoya Fearrington and Jess Mekeel.

There were no hearings.

Item 3 Petitions

Lightning Brown requested removal of item 12f from the consent agenda and postponement of item #10, concerning the Bolin Creek greenway. Mr. Brown said further consideration needed to be given to public health concerns. He stated that the proposed Bolin Creek greenway trail would serve as the backbone of the Town's trail system. Mr. Brown said it was important to assure that the trail was not impaired by planned work on sewer infrastructure in the area. He noted that Department of Transportation staff had indicated that an extension of two years could be permitted without jeopardizing State funding for the trail. Mr. Brown said there was nothing to be gained from moving ahead quickly with the Bolin Creek trail project. Council Member Andresen inquired about Mr. Brown's response to Ms. Kalb's letter stating position of the Orange Water and Sewer Authority (OWASA) on the interceptor line. Mr. Brown said it was unfortunate that OWASA had not agreed to pay for clean-up along the sewer line. Council Member Brown said she favored delaying the matter for a short time to examine the matter.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REMOVE ITEMS TEN AND TWELVE F FROM THE AGENDA FOR ADDITIONAL DISCUSSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Parks and Recreation Director Mike Loveman noted that construction drawings for the Bolin Creek interceptor had been completed and were in the final review stage. He added that OWASA staff was recommending that the Bolin Creek line replacement occur in 1993-1994. Mr. Loveman said Town staff was requesting that the trail project be completed this fall, with asphalt replacement occurring as necessary. He also noted that the Greenways Commission had recently passed a resolution requesting the sewer line replacement in 1993.

Council Member Andresen inquired whether the staff's recommendation to proceed with the project as soon as possible because it would save money. Mr. Loveman said this was correct. Council Member Andresen asked whether areas of possible conflict had been identified. Mr. Loveman said yes, noting that four hundred and fifty feet of the trail was in conflict. Council Member Andresen asked whether it made sense not to install these sections. Mr. Loveman said the primary concern were safety-related, especially for bicyclists, transitioning from paved to gravel surfaces.

Council Member Andresen inquired about liability to the Town when repairs were conducted on the trail. Mr. Horton said that portions of the trail could be closed off when they were unsafe for usage. Council Member Andresen inquired about the estimated amount of time that the trail would be in use prior to the sewer line repairs. Mr. Loveman said at least one year. Council Member Andresen inquired about the estimated additional cost of completing the trail after OWASA's work. Mr. Loveman said the additional cost would be up to $60,000. Council Member Brown inquired whether the Town would save any money as a result of OWASA's work. Mr. Horton said OWASA could possibly perform work which would benefit the Town. He added that it was unlikely that OWASA would perform work not directly related to the installation of facilities. OWASA Executive Director Everett Billingsley said the OWASA staff and Board of Directors wanted to cooperate with the Town on the Bolin Creek interceptor project. He noted that OWASA and Town staffs would meet on Wednesday to discuss the possibility of moving up the timeframe for the interceptor project. Mr. Billingsley said he anticipated being able to work out the situation to optimize the Town's and OWASA's costs.

Mr. Horton requested that the Council withdraw items 10 and 12f from this evening's agenda.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REMOVE ITEMS 10 AND 12f. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Chilton noted that he had recently been the victim of a bicycle theft. He stated that over eight hundred bicycles were registered with the Town's Police Department. He added that the University Police also registered bicycles. Council Member Chilton requested that the staff investigate the feasibility of merging the two registration systems. He also inquired whether it would be possible to register new bicycles at bicycle stores, rather than only at local police departments.

Council Member Rimer inquired about the possibility of holding bicycle registration programs at area schools. He noted that local scouting organizations might play a role in these programs.

Council Member Andresen suggested that future reports from OWASA Town appointees occur earlier on the Council's agenda. Mayor Broun and Council Member Rimer expressed their concurrence.

Item 4 Nominations and Appointments

Nominations to Library Board of Trustees

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL CURRENT APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE LIBRARY BOARD OF TRUSTEES. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Appointments to Citizen's Energy Task Force

Council Member Brown suggested that the Council appoint Art Dodd, Martha Drake, Roger Hayes, and William Welsh to the Task Force. She also suggested that the Council consider appointment of additional applicants. Council Member Capowski inquired whether the proposal was to make four appointments this evening and to accept additional applications. Mayor Broun said this was correct. Council Member Werner inquired about the maximum number of appointments to the task force. Council Member Brown said twenty-five, although the task force would likely be somewhat smaller.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO APPOINT ART DODD, MARTHA DRAKE, ROGER HAYES AND WILLIAM WELSH TO THE CITIZEN'S ENERGY TASK FORCE AND TO MAKE ADDITIONAL APPOINTMENTS IN THE FUTURE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Appointments to Solid Waste Reduction Committee

Council Member Brown noted that the number of current applications was less than the size of the original task force. Council Member Werner inquired about the proposed size of the committee and the deadline for receiving applications. Council Member Herzenberg noted that since there were six each Town and non-Town resident applicants, more than forty percent of the committee's applicants were non-Town residents. Council Member Brown stated that the Council had adopted a resolution stating that all former task force members would be appointed to the new committee. Council Member Andresen suggested delaying appointments until additional applications were received from Town residents. Council Member Chilton suggested that three Council Members be temporarily appointed to the committee to achieve the minimum percentage of sixty percent Town residents. Council Member Wilkerson said this was a good idea.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO APPOINT (LIST TWELVE APPLICANTS) AND COUNCIL MEMBERS BROWN, CHILTON, AND HERZENBERG TO THE SOLID WASTE REDUCTION COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Presentation of Proposed 1992-1993 Budget, 1992-1997

Capital Improvements Program and Community Development Program

Mayor Broun noted that the Council would be holding several work sessions on the proposed budget.

Mr. Horton said that no Council action was requested this evening, other than to receive the staff's reports. He noted that budget work sessions were proposed on May 4, 12, 19 and June 1, with possible budget adoption occurring on June 8th. Mr. Horton stated that the proposed budget did not necessitate a property tax rate change. He said approximately $1.1 million of reductions had been made in the 1991-1992 Town budget. Mr. Horton briefly reviewed the budget document, noting that the proposed General Fund was approximately $500,000 less than the current year budget and the proposed Transportation Fund budget was approximately $300,000 less than the current year. Mr. Horton noted that the staff was willing to make other changes suggested by the Council to the proposed budget.

Mr. Horton said that approximately $25,000 would be needed to carry out recommendations of the Town's pay and classification plan, compared to approximately $545,000 which would be necessary for a five percent increase for all Town employees. He noted that the proposed budget contemplated the continuation of most Town services. Mr. Horton noted that several proposed positions remained unfunded. He briefly reviewed proposed fee adjustments.

Mr. Horton stated that the proposed Capital Improvements Program was not as substantial as in past years, with no new capital reserve funding proposed for 1992-1993. He noted that total capital needs over the next five years would be approximately $46.5 million, with $1 million for small capital improvement projects. He noted that funding for greenways and sidewalks had been added to the proposed 1992-1992 Capital Improvements Program. Mr. Horton stated that potential improvements at the Maddry property for three ball fields could cost approximately $700,000 to complete.

Mr. Horton said the proposed Community Development application involved total funding of $350,000, including funds for rehabilitation of public housing, low-income housing programs and general administration. He noted that the staff had not yet received a formal proposal from Midway Development Corporation for the use of community development funds, but expected to continue talking with the corporation principals.

Council Member Andresen inquired whether the proposed budget included debt service for funds planned for the proposed ball fields. Mr. Horton said approximately $190,000 could be used for this purpose. He noted that these funds would accrue to the fund balance if not earmarked. Council Member Andresen inquired whether the Town's balance was sufficient. Mr. Horton said the balance could be more conservative. He noted that the proposed budget suggested increasing the fund balance from $1.21 million to $1.295 million. Mr. Horton also noted that it was not a good idea to store money without a good community purpose. Council Member Andresen inquired about limits on the use of Community Development funds. Mr. Horton said a wide variety of uses were available, concentrating principally on housing and economic development programs. Council Member Andresen said she was pleased to hear that the Council would be able to discuss the proposed reclassification plan in the near future. She said the Council needed to receive important background information on this matter.

Council Member Capowski said he was pleased to see the mosquito control program in the proposed budget. Council Member Capowski expressed concern about proposed delays in maintenance programs. He inquired whether future street reconstruction problems were anticipated. Mr. Horton noted that funding increases were recommended for street resurfacing. He said that street resurfacing was a better preventative approach than street reconstruction. Mr. Horton stated that Town staff was reviewing current literature on soils and streets. Council Member Capowski inquired about the impact of cold winters on streets. Mr. Horton noted that only funds for a snow removal brochure had been proposed for elimination. He also noted that suggested funding would permit the Town to continue to meet its objective of resurfacing streets on a twelve-year cycle. Council Member Capowski inquired about the amount of sidewalk that could be constructed for $20,000. Mr. Horton said very little, noting that sidewalks on Ephesus Church cost approximately $25,000. He noted that this small amount of funding was better than none at all.

Council Member Capowski requested additional information on the estimated cost of once per week rearyard refuse collection. Mr. Horton said the estimated reduction in force would be one-half to one refuse collection crew. He noted that such savings could not be proposed in the next fiscal year without a pilot program for this service. Mr. Horton said the staff's objective was to make the present system as efficient as possible.

Council Member Brown asked whether there were contingency plans in the event that projected revenues were lower or costs higher than anticipated. Mr. Horton noted that a higher fund balance was proposed. He added that most capital expenditures would be held until later in the year. Council Member Rimer complimented the staff for the revised form of the budget document. Mayor Broun also complimented the Manager and staff for the clarity of the budget document. Council Member Andresen requested information on the proposed postponement of hiring six firefighter positions.

Item 6 Report by Transportation Board

Transportation Board Member Richard Franck said the Board had examined a wide range of policies concerning single-occupant vehicles. Mr. Franck said a recurring theme in the report was that the Town must take the lead in reducing single-occupant vehicle use. He also noted the importance of regional cooperation in transportation planning. Mr. Franck said the Transportation Board encouraged the Council to adopt Resolution 0.1, accepting the Board's report and recommendations. He introduced Transportation Board Chairperson Rachel Willis and Transportation Board Member Billie Cox.

Council Member Herzenberg inquired about the Transportation Board's concerns about library access. Mr. Franck said the concerns focused on the proximity of the building to the street and associated difficulties reaching and leaving the site. Council Member Andresen complimented the Board for preparing a good report. Council Member Andresen said she appreciated the Board's attention to issues. Council Member Andresen stated although the Council could endorse most of the proposed goals, it was not advisable to commit to spending funds for implementation. She added that there were tradeoffs in development pacing matters such as the need for higher density development to accommodate fixed-rail mass transit systems. Mr. Franck said the Board was not making any recommendations concerning the pace of development. He noted the importance of producing high density corridors. Council Member Andresen noted the importance of adopting a policy document concerning alternative transportation and reduction of single-occupant vehicles.

Council Member Werner expressed concern that some of the proposed policies were very general. Council Member Werner said he did not feel comfortable adopting a resolution specifying spending priorities unless funding sources were also identified. Council Member Rimer thanked the Board for a fine report. He suggested that the Council refer the matter to the staff to identify conflicts with the Transportation element of the Town's Comprehensive Plan.

Council Member Capowski noted the importance of the Town having the weight to negotiate with other major employers such as the university, hospital and school system. Council Member Brown said she was impressed by the imaginative solutions proposed in the document. Council Member Brown stated that she did not see any problems with accepting the report since it involved much greater detail than the Comprehensive Plan. Council Member Brown said she would like to see how differences with the Comprehensive Plan could be resolved as well as how this went beyond the Comprehensive Plan. Mayor Broun expressed the Council's appreciation for the Transportation Board's work on the report. He noted that transportation needs had sometimes lost out to other priorities in the struggle for scarce fiscal resources.

Council Member Andresen suggested that the Council adopt the first three paragraphs in the proposed resolution accepting the Transportation Board's report. Council Member Rimer suggested that the staff investigate differences between the existing transportation element of the Comprehensive Plan and the Board's report on single-occupant vehicles. Council Member Werner requested follow-up information on the estimated costs of implementing elements of the report.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 0.2, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ACCEPTING THE TRANSPORTATION BOARD'S SPECIAL REPORT ON REDUCING SINGLE OCCUPANT VEHICLE USE (92-4-27/R-0.2)

WHEREAS, the Council of the Town of Chapel Hill requested that the Transportation Board study and evaluate transportation management plans and make recommendations to the Council regarding means of encouraging efforts to reduce the use of the single occupant vehicle; and

WHEREAS, the need for measures to reduce single occupant vehicle use continues to increase;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the Special Report on Reducing Single Occupant Vehicle Use and commends the Transportation Board for its efforts in developing this report; and

BE IT RESOLVED that the Council authorizes the staff to investigate cost implications and differences between the Town's Comprehensive Plan and this document and recommend a course of action for the Council's consideration.

This the 27th day of April, 1992.

Item 7 1992-1994 Transportation Improvements Program

Transportation Planner David Bonk briefly reviewed changes in the proposed Transportation Improvements Program. He noted that there was reasonable potential that the program could be funded using Federal funding. Mr. Bonk noted that the Transportation Advisory Committee was required to provide a priority listing of transportation projects. He also noted that a second resolution before the Council would include Jack Bennett Road in the proposed Transportation Improvements Program.

Mayor Broun thanked the staff for their work on the proposed program. He also noted that specifics concerning the new Intermodal Surface Transportation Efficiency Act were still evolving. Mayor Broun noted that he had met with North Carolina Department of Transportation Secretary Harrelson to discuss the new act. He said that most Department of Transportation procedures remained unchanged. Council Member Andresen asked whether the Department of Transportation could recommend funding a roadway which had not been approved by the Council. Mayor Broun said that local Transportation Advisory Committee had the ability to remove projects from the Transportation Improvement Program, although he did not think there was as much flexibility in adding projects. Mr. Horton said he generally agreed with Mayor Broun's observations. He stated that individual Transportation Advisory Committees could have influence in preventing the construction of roads. Council Member Andresen said it was a good idea for the Transportation Advisory Committee to consider the inclusion of Jack Bennett Road in the proposed Transportation Improvements Program. Mayor Broun expressed his concurrence.

Council Member Andresen inquired about the possibility of the Transportation Advisory Committee recommending improvements to U.S. 15-501. Mayor Broun said he believed that the chances were good that widening of U.S. 15-501 would not be included and Jack Bennett Road would be included. Council Member Andresen requested additional information on the staff's recommendations concerning Jack Bennett Road and U.S. 15-501. Mr. Horton noted that concern had been expressed at a recent public hearing about proposed improvements to U.S. 15-501 between Chatham County and the Town. He added that Jack Bennett Road was recommended for inclusion as a better route between northern Chatham County and the Research Triangle Park. Mayor Broun noted that if widening of U.S. 15-501 were not included in the current proposed program, it could be included in the future. Council Member Werner said he remained to be convinced that U.S. 15-501 South needed to be widened. He suggested that several projects involving bikeways be given higher priority in the proposed listing.

Council Member Andresen said she did not favor dropping the priority for widening of Weaver Dairy Road. She stated that widening of Weaver Dairy Road would be a good use of funds. Noting that the Transportation Advisory Committee had discussed $6 million of funding for roadway projects, Council Member Brown requested additional information on proposed funding and projects. Mr. Bonk said the Department of Transportation's (DOT) position was that the Department had discretion over approximately $2.5 million of these funds for the Martin Luther King interchange. He stated that if the Transportation Advisory Committee chose to disagree with the DOT's recommendations and spend the funds elsewhere, the effect would be to delay individual projects.

Council Member Werner inquired about the location of the Martin Luther King interchange. Mr. Bonk said the interchange was located in the Research Triangle Park. Council Member Brown inquired about available funding for the priority listing. Mr. Bonk indicated that the Council had previously reauthorized the previous year's priority listing for transportation projects. He noted that the State Department of Transportation had agreed to accept revisions and additional input from local governments on priority listings. Mr. Bonk said the Transportation Advisory Committee would also review the proposed Transportation Improvement Program. Council Member Brown emphasized the importance of having reasonable opportunities for proper public comment on the Transportation Improvement Program. Mr. Bonk said he expected that the Transportation Advisory Committee would hold a public meeting for comment on the proposed program.

Council Member Brown inquired why NC 86 was listed with two additional travel lanes. She suggested that the listing be changed to read lane(s). Council Member Brown said she was also concerned about the proposed access road to U.S. 15-501 South. Mr. Horton said this did not involve the realignment of Dogwood Acres Drive, but only access to the proposed park and ride lot. Council Member Brown noted that many of the speakers at the Council's public hearing on the Transportation Improvements Program had favored the inclusion of bikeways and sidewalks. Council Member Brown said she believed that sidewalks were eligible for DOT funding. Mr. Bonk said this was correct, adding that $12 million of sidewalk projects were funded by the Department of Transportation for the next fiscal year. Council Member Brown asked whether bicycle and sidewalk facilities along South Columbia Street could be funded by the Department of Transportation. Mr. Bonk said this was possible. Council Member Brown suggested that sidewalk facilities be included with the Columbia Street bikeway if the rest of the Council concurred.

Noting that several advisory boards and commissions had examined the proposed TIP, Mayor Broun inquired how the Council's amendments would mesh with the initial recommendations. Mr. Bonk noted that most of the proposed changes did not involve high priority projects. Council Member Andresen inquired whether any Council Members shared her interest in keeping Weaver Dairy Road at its current priority level. Council Member Rimer said yes, noting that there were two segments to the recommendation: Sage Road Extension and the widening of Weaver Dairy Road. He noted that Weaver Dairy Road was a treacherous journey for area bicyclists. Council Member Andresen noted that Sage Road Extension would be an expensive project, principally because of the need to acquire private land. Council Member Brown inquired whether the Transportation Improvements Program could be updated on an annual basis. Mr. Horton said yes. Council Member Capowski urged the Council to make sure that no items took priority over those listed on page twelve of the agenda item.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO PRIORITIZE ROADWAY PROJECTS AS PROPOSED, AMENDED BY COUNCIL MEMBER WERNER'S AND BROWN'S REVISIONS.

Council Member Andresen said she favored the suggested priority for Weaver Dairy Road, but did not object to dropping Sage Road Extension from the listing. She emphasized the importance of planning ahead for the Town's future roadway needs.

COUNCIL MEMBER ANDRESEN MOVED THAT ITEM FIVE REMAIN ON PAGE FOURTEEN OF THE PRIORITY LISTING. THE MOTION DIED FOR LACK OF A SECOND.

Council Member Werner noted the need for a connector road around the northern and northeastern parts of the Town. He noted that the intersections of Weaver Dairy and Erwin and Sage and Erwin Roads were very dangerous. Council Member Brown requested a map depicting the location of the proposed Sage Road Extension. Council Member Andresen asked whether the Department of Transportation would provide funding for the purchase of land for Sage Road Extension. Mr. Horton said he believed this would be possible. Council Member Andresen said she did not oppose the proposed Sage Road Extension.

Council Member Andresen noted that location maps for individual roadway projects would be helpful in the Council's future decision making processes concerning the Transportation Improvement Program. Council Member Brown said she hoped that there would be a public hearing on the proposed Transportation Improvements Program next year.

THE MOTION TO APPROVE THE PRIORITY LISTING WITH SUGGESTED REVISIONS WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING TRANSPORTATION PRIORITIES TO BE SUBMITTED TO THE NORTH CAROLINA BOARD OF TRANSPORTATION AND THE DURHAM URBAN AREA TRANSPORTATION ADVISORY BOARD FOR INCLUSION IN THE DURHAM URBAN AREA TRANSPORTATION IMPROVEMENT PROGRAM AND NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROGRAM (92-4-27/R-0.3)

WHEREAS, it is the policy of the Town of Chapel Hill to develop a balanced transportation system for the citizens of Chapel Hill, to include roadways, public transit services, bicycle and pedestrian facilities; and

WHEREAS, the Durham Urban Area Transportation Advisory Committee and the State of North Carolina each prepare Transportation Improvement Programs that identify funding priorities for transportation projects; and

WHEREAS, the Town of Chapel Hill has considered its transportation needs and identified projects that would meet the Town's transportation goals;

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council adopts a priority listing of transportation projects within the community, as set forth in the attached lists.

BE IT FURTHER RESOLVED that the Town Council directs the Town Manager to transmit these adopted priorities to the Durham Urban Area Transportation Advisory Committee and the North Carolina Department of Transportation for their consideration in preparing their Transportation Improvement Programs.

This the 27th day of April, 1992.

FY 1992 ‑ 93

TRANSPORTATION PROJECT

PRIORITY LISTING

ROADWAYS/BIKEWAYS

1. Widen and improve N.C. 86 from Homestead Road to I‑ 40. Note: This project would add travel lane(s) and bicycle/pedestrian facilities.

NEW 2. Construct access road to U.S. 15‑501 South park/ride and provide related safety improvements along U.S. 15‑501 South. Note: This project would provide access to the park/ride lot which has already been funded for construction.

3. Bolin Creek Bikeway (Phase II) from Elizabeth Street to Franklin Street. Note: This project extends the Bolin Creek Bikeway, phase I, which is will begin construction later this year.

4. Bicycle/pedestrian bridge over Morgan Creek at Arboretum/Ashe Place. Note: This project would provide direct access to Fordham Boulevard and the University of North Carolina for residential areas south of Morgan Creek.

NEW 5. Provide bicycle/sidewalk facilities along North Columbia Street from Longview Street to Stephens Street. Note: Bicycle facilities would include wider travel lanes.

6. Provide bicycle facility along Estes Drive from N.C. 86 to Curtis Road. Note: Bicycle related improvements, including 4' bikelanes would be constructed.

PUBLIC TRANSIT

1. Associated Capital Maintenance Items

2. Replacement of Support Vehicles

3. Maintenance, Office and Computer Equipment

4. Computer Software

5. Bus Shelters

FY 1993 ‑ 94

TRANSPORTATION PROJECT

PRIORITY LISTING

ROADWAYS/BIKEWAYS

1. Provide bikelanes along Culbreth Road from Smith Level Road to U.S. 15‑501 South. Note: 4' bikelanes would be constructed.

2. Provide bicycle facility along Erwin Road from Weaver Dairy Road to Durham County line. Note: 4' bikelanes would be provided.

3. Widen Estes Drive to 14' travel lanes from N.C. 86 to Carrboro Town limits. Note: The current width of each travel lane along Estes Drive in this area is approximately 10'. By widening each lane to 14' additional room is provided for bicycle traffic and the possibility of allocating additional bicycle funds for 4' bikelanes is improved.

4. Improve left turn storage at Franklin/Boundary intersection and resignalize. Note: This project would add a left turn lane along Boundary Street, south of Franklin Street and provide adjacent shoulder improvements.

5. Construct Sage Road Extension, from Erwin Road to Weaver Dairy Road, to include bicycle and pedestrian improvements.

NEW 6. Provide bikelanes along Piney Mountain Road Riggsbee Road to N.C. 86. Note: Bicycle improvements would include travel lane widening and 4' bikelanes.

PUBLIC TRANSIT

1. Replace 16 Buses

2. Associated Capital Maintenance

3. Replace 2 Vans

4. Replacement of Support Vehicle

5. Engineering/ Design ‑ N.C. 86 Park/Ride

6. Land Acquisition N.C.86 Park/Ride

7. Engineering/Design ‑ U.S. 15‑501 Park/Ride

8. Land Acquisition U.S. 15‑501 Park/Ride

FY 1994 ‑ 95

TRANSPORTATION PROJECT

PRIORITY LISTING

ROADWAYS/BIKEWAYS

1. Widen and improve Homestead Road from High School Road to N.C. 86. Note: This project includes shoulder widening, turn lanes where appropriate and sight distance improvements.

2. Complete intersection improvements at Dobbins Drive/Erwin Road. Note: This project would move the intersection of Dobbins Drive at Erwin road further north, away from U.S. 15‑501.

3. Provide bikelanes along Estes Drive from Umstead Drive to Seawell School Road to N.C. 86. Note: 4' bikelanes would be provided. This project is dependent upon a widening of the auto travel lanes through this corridor.

4. Improve South Columbia Street from Mason Farm Road to Fordham Boulevard, to include bicycle and pedestrian improvements. Note: The scope of roadway improvements through this corridor require further analysis.

5. Provide bikelanes along Seawell School Road from Estes Drive to Homestead Road. Note: 4' bikelanes would be provided.

6. Provide bicycle facility along Pope Road from Ephesus Church Road to Old Durham‑Chapel Hill Road. Note: A combination of 4' bikelanes and wider travel lanes would be provided.

7. Provide bicycle facility along Old Durham‑Chapel Hill Road from Scarlette Drive to Pope Road. Note: A combination of 4' bikelanes and wider travel lanes would be provided.

NEW 8. Provide bikelanes along Mt. Carmel Church Road from Chatham County line to U.S. 15‑501 South. Note: 4' bikelanes would be provided.

9. Widen and improve Weaver Dairy Road from N.C. 86 to Erwin Road, to include bicycle and pedestrian improvements.

10. Construct the Booker Creek Bikeway from Booker Creek Road to Franklin Street. Note: 10' bikeway would be provided. This project would also include bicycle improvements along Franklin Street.

PUBLIC TRANSIT

1. Replace 12 Buses

2. Associated Capital Maintenance

3. Construct N.C.86 Park/Ride

4. Construct U.S.15‑501 Park/Ride

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 0.4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE REVISE THE URBAN AREA THOROUGHFARE PLAN TO INCLUDE THE JACK BENNETT ROAD EXTENSION

(92-4-27/R-0.4)

WHEREAS, the Durham-Chapel Hill-Carrboro Thoroughfare Plan should provide for a balanced transportation system that reduces congestion by providing alternative routes of access to employment centers in the Research Triangle/RDU Airport area; and

WHEREAS, the analysis of the 1985-2010 Durham Urban Area Thoroughfare Plan indicated that the addition of the Jack Bennett Road Extension in the Urban Area Thoroughfare Plan would reduce anticipated traffic along U.S. 15-501 in Orange County by approximately 12,000 vehicles each day;

WHEREAS, the Durham Urban Area Transportation Advisory Committee is responsible for developing and adopting the Urban Area Thoroughfare Plan.

NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council requests that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee revise the 1985-2010 Urban Area Thoroughfare Plan to include the Jack Bennett Road Extension.

This the 27th day of April, 1992.

Item 8 Landfill Ash Tipping Fee

Council Member Rimer noted that both the Orange County Commissioners and Carrboro Board of Aldermen had voted to reduce the ash tipping fee at the Orange County Regional Landfill from $20 to $13 per ton. He suggested that the Council also approved the proposed fee reduction, in order that the Landfill Owners Group could continue to receive this revenue. Council Member Rimer stated that agreements for ash disposal by the University of North Carolina were renewable or revokable on an annual basis. He said that the ash would be buried in relatively shallow borrow pits, outside the area permitted for municipal solid waste landfilling. Council Member Rimer noted that the areas would be monitored, with an additional well costing between $4,000 and $5,000 to install and about $1,000 per year to monitor. Council Member Rimer suggested that the Council adopt Resolution 1, reducing the ash tipping fee to $13 per ton.

Council Member Brown asked whether it was correct that the Orange County Regional Landfill had agreed to accept ash for the life of the current landfill. Mr. Heflin stated that the situation would be reviewed annually by the Landfill Owners Group and the University. Council Member Brown expressed concern about the leachability of materials. She said it would be to late to do anything once testing of materials was underway. Mr. Heflin said that if testing showed problems, the procedure would be to notify the State for a remediation plan. Council Member Brown noted that under the terms of the existing special use permit, the University would be responsible for resolving any problems created by ash disposal. Council Member Werner said it was correct that the University would be responsible for clean-up costs for leaching ash or other materials. Council Member Brown expressed concern that the landfill budget was being based on the need for more waste, which was the wrong direction to be going.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED BY A VOTE OF 5-4, WITH COUNCIL MEMBERS BROWN, CHILTON, HERZENBERG AND WILKERSON VOTING NO.

A RESOLUTION REDUCING FEES FOR THE DISPOSAL OF COAL ASH FROM THE UNIVERSITY OF NORTH CAROLINA AT THE ORANGE REGIONAL LANDFILL

(92-4-27/R-1)

WHEREAS, the University of North Carolina currently disposes of ash from its boiler plant at the Orange Regional Landfill; and

WHEREAS, the ash so disposed does not reduce the life of the current landfill; and

WHEREAS, the ash is monofilled as the Orange Regional Landfill so that it could be mined if a beneficial use is developed and permitted; and

WHEREAS, the revenue for the Landfill Fund from the ash is important for funding of all solid waste management programs funded by the Landfill Fund; and

WHEREAS, actual costs to handle and dispose of the ash are less than for municipal solid waste and current landfill fees recognize a difference; and

WHEREAS, the Landfill Owners' Group has recommended to the Chapel Hill Town Council that the fee be reduced; and

WHEREAS, by agreement, fees for the Orange Regional Landfill are set by action of the three elected governing bodies of the jurisdictions which own the Landfill.

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

-- that the fee for disposal of coal ash from the University of North Carolina is changed from $20/ton to $13/ton, effective upon action of the three governing bodies which own the Landfill;

-- that the Manager will proceed with obtaining surface and groundwater testing for the areas in which ash is disposed; and

-- that the fee and related points of agreement concerning disposal of the ash between the Landfill and the University will be reviewed annually.

This the 27th day of April, 1992.

Item 9 Proposed Orange County Impact Fees

Orange County Planning Director Marvin Collins briefly reviewed the proposal for impact fees, noting that the mechanism had been approved by the State General Assembly. He said the proposed fee could raise up to $13 million for the Chapel Hill-Carrboro School District and $9 million for the Orange County School District over a six year period. He noted that Orange County Commissioners were concerned about the possible effect of the proposed fee on affordable housing.

Council Member Andresen inquired about the basis for funds distribution. Mr. Collins said the basis was the expenditure of capital funds over the past three or four years. Council Member Werner inquired whether there was a requirement that fees be collected in each school district. Mr. Collins said this was correct. Council Member Wilkerson inquired whether there had been any discussion of a merged school district relative to the proposed fees. Mr. Collins said no.

Mr. Collins noted that the Orange County Commissioners would hold a public hearing on the proposed impact fees on at its regular meeting on May 4th. He added that an official hearing would be held on May 26th. Mr. Collins said if the fees were implemented, they would go into effect on July 1st. He noted that the fees, if implemented, would more likely be collected when certificates of occupancy were issued, rather than at the time of building permit issuance.

Council Member Capowski inquired about the County's power over spending in the Chapel Hill-Carrboro School System. Mr. Collins said the County's primary input was in annual appropriations for operating expenses. He added that the enabling legislation permitted implementation for either the County and City School

Systems or the County School System only. Mr. Collins stated that persons who generated the need for schools would pay for them. Council Member Andresen said the proposed schedule was on a fast track for a very significant change in policy. She stated that the idea of impact fees was an interesting one. Council Member Andresen expressed hope that the County Commissioners would slow down the process for consideration of the proposal. She also expressed concern that the proposed fee was exceedingly regressive and would adversely impact housing affordability. Council Member Andresen suggested that the County Commissioners not give final consideration to the proposal for at least six months.

Council Member Werner noted that impact fees were not a new issue. He stated that impact taxes would be more progressive and provided greater flexibility in how funds could be spent. Council Member Werner stated that a committee on alternative revenue sources had decided that an impact tax was preferable to an impact fee. He inquired whether consideration had been given to seeking legislative authorization for an impact tax. Council Member Werner noted that a portion of impact tax proceeds could be used to pay for types of infrastructure other than school facilities. Mr. Collins said the impact tax concept had been taken as far as possible several years ago, with the Town of Hillsborough opposing the proposal at that time. He noted that the Durham-Chapel Hill Homebuilders Association favored an impact fee, but opposed an impact tax. Mr. Collins noted that the matter could possibly be raised again.

Council Member Herzenberg said he agreed with Council Member Andresen about the need to slow down the process concerning the impact fee proposal. He expressed hope that more attention would be paid to the possibility of an impact tax. Council Member Brown said that if additional public hearings were planned on the proposal, she would like to have them scheduled when Council Members would be able to attend. Mayor Broun said he was deeply disturbed by the possible impact of the proposed fee on housing affordability. Mayor Broun requested that Mr. Collins present the Council's concerns to the Orange County Commissioners. Mr. Collins suggested that the Mayor or Manager draft a letter of the Council's views on the proposed impact fee. Council Member Wilkerson emphasized the importance of timely examination of a possible merger of the Chapel Hill-Carrboro and Orange County school systems.

Council Member Capowski said he assumed that the Council did not have the authority to modify the proposed fee structure. Mr. Collins said this was correct. Council Member Capowski said the County should not have a regressive tax which exacerbated the challenges of housing affordability. Mr. Collins noted that it was possible to establish fees for the Town only. Mayor Broun said he sensed that the Council desired to draft a letter and forward it to the County Commissioners. Mr. Horton said it was possible for the Council to circulate such a letter with a quick turnaround. Council Member Andresen suggested that a Council Member present the letter at the County Commission May 4th meeting. Council Member Werner said the proposed fee was regressive by its nature and could not be made any less so. Mayor Broun said the Council consensus appeared to be to draft a letter for the May 4th County Commission meeting.

Item 10 Quarterly Reports

Mayor Broun recognized OWASA Board Members Eva Metzger, Tom McCurdy, David Moreau, Riley Wilson and OWASA Executive Director Everett Billingsley. Dr. Moreau said many OWASA-related issues had arisen in the last quarter. He noted that some issues remained to be resolved. Dr. Moreau said substantial actions had been taken concerning the Bolin Creek interceptor line. He stated that the staff had recommended moving up the project to the 1993-1994 fiscal year. Dr. Moreau briefly reviewed other items of interest including Chatham County's request for water service and progress on the Cane Creek Reservoir.

Dr. Moreau said the Authority's operation and maintenance budget was in good standing. He noted that the present rate structure would generate approximately $18 million of capital improvements compared to $30 million of needs over the next five years. Dr. Moreau stated that the gap could be narrowed by rate increases over the next few years or by deferring capital improvements. He noted that approximately twenty percent of OWASA's budget was for existing debt service. Dr. Moreau said a rate study was in process. He noted that the impact of water and sewer connection fees on housing affordability was being carefully examined.

Council Member Andresen thanked Dr. Moreau and the Town's OWASA appointees for a good report. She noted that Chatham County was contemplating taxation of citizens to develop a facility at Jordan Lake. Council Member Andresen stated that the matter of who paid for new sewer extensions raised some interesting philosophical issues. Council Member Andresen said she was pleased that money was being set aside for conservation of land around Cane Creek. She inquired whether OWASA was considering a study of conservation easements. Dr. Moreau said such a study was underway. He added that approximately $200,000 had been expended for Cane Creek land acquisition. Council Member Andresen asked whether the study would identify how much land to acquire. Dr. Moreau said yes. Council Member Andresen said local government bodies in the county might need to discuss and examine the situation. She inquired about the timeframe for proposed land acquisition. Dr. Moreau said about two months.

Council Member Werner asked what assumptions were being made in terms of who would be served and when. He also inquired how OWASA would respond to a request for water service by the Town of Hillsborough. Council Member Werner also asked whether the OWASA Board was satisfied with future use of Jordan Lake water in the community. Dr. Moreau said planning assumptions were largely based on continued growth in the existing service area. He added that any request for water supply by the Town of Hillsborough would be brought before the Council for discussion. Dr. Moreau noted that once water or sewer service was provided to an area, it would be very difficult for OWASA to terminate service in the future. He stated that land acquired at Jordan Lake had been acquired with the very long range future of thirty to forty years in mind. Dr. Moreau said it might be appropriate to establish a regional water supply on the west side of the lake in the future. Council Member Werner asked whether it was possible that a commitment for the Jordan Lake water supply would have to be made sooner than desirable due to interest by other area communities. Dr. Moreau said such possibilities were sufficiently uncertain. He noted that no firm commitments had been made by any community. Council Member Werner asked whether commitments would have to be made in less than twenty years. Dr. Moreau said he was uncertain. He stated that the Towns of Cary and Apex had made firm requests for future water supply from Jordan Lake.

Council Member Rimer said the primary planning question was whether OWASA's existing service area should be extended. He inquired whether it wouldn't be wise to decide whether OWASA service would reach out to Chatham County and the Town of Hillsborough in the future. Dr. Moreau said the utility's current response to requests for extension of the service area would be "no". Council Member Rimer noted the importance of the Council providing long-term guidance concerning the utility's service area. He noted that it was not possible to rationally plan the service area at present. Dr. Moreau said OWASA had made a wise decision to preserve land around Jordan Lake.

Council Member Brown asked whether Chatham County's request for water service would be included in the "no" response expressed earlier by Dr. Moreau. Dr. Moreau said that OWASA would ask the Council to participate in discussions about Chatham County's request for water service. Mayor Broun noted that a work session on OWASA matters was to be considered on this evening's consent agenda. Council Member Capowski asked whether the Bolin Creek sewer line would be repaired by the end of 1993. Dr. Moreau said an accelerated construction schedule was planned and an honest effort could be made to complete the project by the end of 1993. Council Member Andresen inquired about funding and phasing challenges concerning installation of the line. Mr. Horton noted that this could be further discussed at the Council's May 14th work session on OWASA matters.

Council Member Andresen drew the Council's attention to a memorandum concerning joint discussions on annexation boundaries with the Town of Carrboro. She requested that the Council provide her with any comments on the matter.

Mayor Broun noted that quarterly reports from Town departments were before the Council. Mr. Horton said he would be pleased to respond to any questions by Council Members.

Item 11 Consent Agenda

Mayor Broun noted that item f had been removed from the consent agenda. Council Member Werner requested removal of item c.

Council Member Herzenberg requested removal of item b.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (ITEMS A,D,E,G,K AND L). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Herzenberg suggested that the Council should not change its meeting schedule unless there was unanimous consent to do so. He proposed that the Council hold its July regular meeting on July 6th, as originally proposed, rather than on July 13th. Council Member Herzenberg suggested that consent agenda item b be removed from the consent agenda. Mayor Broun noted that it appeared to be the desire of the Council to maintain the July 6th meeting date.

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS. (CONSENT AGENDA. ANY ITEM MAY BE REMOVED FOR SEPARATE CONSIDERATION.) (92-4-27/R-3)

a. Minutes of March 30, April 6 and 7.

b. Deleted.

c. Scheduling work session on OWASA matters (R-5).

d. Calling public hearing on solid waste management development ordinance text amendment (R-6).

e. Cablecasting of budget work sessions (R-7).

f. Deleted.

g. Reallocation of surplus 1990 CIAP funds (R-9).

h. Deleted.

i. Deleted.

j. Deleted.

k. Assessment lien advertisement (R-11).

l. Annexation of Oaks III Subdivision, Phase 5a (R-12).

This the 27th day of April, 1992.

A RESOLUTION CALLING A PUBLIC HEARING ON AMENDING THE DEVELOPMENT ORDINANCE REGARDING SOLID WASTE MANAGEMENT PLANS AND SITE FEATURES FOR SOLID WASTE MANAGEMENT (92-4-27/R-6)

WHEREAS, the Town of Chapel Hill is taking positive steps to manage solid waste; and

WHEREAS, the Town staff proposes an amendment to the Development Ordinance which would require the provision of a solid waste management plan and consideration of site features for the management of solid waste for development proposals;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, June 15, 1992 at 7:30 p.m. at the Chapel Hill Town Hall for the purpose of discussing possible changes to the Chapel Hill Development Ordinance with respect to solid waste management.

BE IT FURTHER RESOLVED that the Town Manager is directed to prepare a report for the hearing discussing the proposal and to present the report to the Planning Board with a request for a recommendation.

This the 27th day of April, 1992.

A RESOLUTION AUTHORIZING CABLECASTS OF THREE 1992 BUDGET WORK SESSIONS (92-4-27/R-7)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the Manager to arrange cablecasting of the Council's budget work sessions on May 4, May 12 and June 1 at a total cost of $525 to be paid from the Council's budget account.

This the 27th day of April, 1992.

A RESOLUTION APPROVING THE USE OF SURPLUS FUNDS UNDER THE FY 1990 COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM (CIAP) (92-4-27/R-9)

WHEREAS, the U.S. Department of Housing and Urban Development has approved the use of the surplus funds for additional work items that would correct needed repairs; and

WHEREAS, the U.S. Department of Housing and Urban Development has requested that the Town of Chapel Hill approve and submit a Comprehensive Assessment/Program Budget revision and Council resolution reflecting the additional work items.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the use of the surplus modernization funds for the repairs at the 751 Pritchard Street Extension Neighborhood; and authorize the Town Manager to submit the Comprehensive Assessment/Program Budget revision and authorizing resolution to the U.S. Department of Housing and Urban Development.

This the 27th day of April, 1992.

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (92-4-27/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1992 in accord with G.S. 105-369.

This the 27th day of April, 1992.

A RESOLUTION CALLING A PUBLIC HEARING ON ANNEXING PHASE B5A OF THE OAKS III SUBDIVISION (92-4-27/R-12)

WHEREAS, the owners of property which is the site of Phase B5a of the Oaks III Subdivision have petitioned the Town of Chapel Hill to annex said property located east of Pinehurst Drive and south of Ephesus Church Road; and

WHEREAS, the Town Clerk has received the petition and certified to the Council the sufficiency of said petition pursuant to N.C. General Statute 160A-31;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing for 7:30 p.m. Monday, May 18, 1992, in the Town Hall Council Chambers, 306 N. Columbia Street, Chapel Hill, NC 27516, on this annexation petition for Phase B5a of the Oaks III Subdivision and the intervening Ephesus Church Road right-of-way.

BE IT FURTHER RESOLVED that the Town Manager shall cause notice of the public hearing to be published, in a newspaper having general circulation in the municipality, at least 10 days before the date of the public hearing.

This the 27th day of April, 1992.

Council Member Werner noted that he would not be able to attend the May 14th meeting on OWASA matters. Council Member Herzenberg said it would be helpful for Council Member Werner to provide his thoughts to the Council on OWASA matters. Mayor Broun said it was possible to move the meeting to the first week in June. Council Member Werner suggested that the Council hold the meeting on May 14th as planned. Council Member Werner said he would share his comments on OWASA matters with the Council.

A RESOLUTION SCHEDULING A WORK SESSION ON WATER AND SEWER MATTERS (92-4-27/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session for 7:30 pm on Thursday, May 14, 1992, in the Council Conference Room to discuss water, sewer and OWASA-related matters.

This the 27th day of April, 1992.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The regular meeting concluded at 11:06 p.m.

No report followed the Executive Session.