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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 22, 1992

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 and Roosevelt Wilkerson, Jr. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 3 Petitions

Kenneth Howell, said he had met several members of the Town's Police Department. He also expressed concern about the behavior of some of the department's younger officers. Mr. Howell noted that officers were allowed to wear their uniforms at other off-duty jobs. He also stated that automobile mechanics required more training the Town's police officers. Mr. Howell requested that a citizen's committee be formed to examine the Town's police hiring standards.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER MR. HOWELL'S PETITION.

Council Member Andresen said she was interested in having the Manager respond to Mr. Howell's statements.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (9-0).

Henry Whitfield thanked the Council for not raising taxes and not approving roll-out refuse collection. He expressed concern that units in Culbreth Park were costly. Mr. Whitfield said housing could be constructed in portions of Town at a cost of $40 per square foot. Council Member Werner requested that the Manager make a follow-up report to the Council on affordable housing criteria.

Bill Holman petitioned the Council for the Town to participate in a state-wide public transportation coalition to lobby on transportation issues. He noted that the cities of Durham and Raleigh had endorsed the concept.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECEIVE AND REFER MR. HOLMAN'S PETITION.

Council Member Brown suggested that the matter also be referred to the Transportation Board. Council Member Werner noted that members of the Council had discussed public transportation issues at a meeting held earlier in the day. He suggested that the Triangle Transit Authority actively participate in the proposed coalition.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Council Member Herzenberg suggested that item 12j, concerning Pine Knolls neighborhood parking regulations, be moved up on the

Council's agenda. Mayor Broun noted that there were no objections from Council members.

Mr. Horton stated that residents of the Pine Knolls neighborhood had petitioned the Council to establish parking restrictions on a number of area streets, restricting parking to residents and their guests. Mr. Horton said he hoped that the Carrboro Board of Aldermen would take similar action on Roberts Street in Carrboro. Council Member Herzenberg noted that a similar program in his neighborhood worked well.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 19, ORDINANCES 4 AND 5.

Council Member Andresen inquired about penalties for failure to comply. Mr. Horton said the first step would be to give notice to vehicle owners. He added that towing would only occur when imminent hazards or repeat violations were involved. Council Member Rimer asked how parking permits worked in Council Member Herzenberg's neighborhood. Council Member Herzenberg said very well.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING IMPLEMENTATION OF PARKING RESTRICTIONS ON STREETS IN THE PINE KNOLLS DEVELOPMENT AREA (92-6-22/R-19)

WHEREAS, the Council of the Town of Chapel Hill has received a petition from residents and property owners in the Pine Knolls Development requesting that parking on streets in the development be limited to residents and their guests; and

WHEREAS, the reason expressed by the petitioners for restricting on-street parking is to mitigate the problem of people from outside the neighborhood parking on the street to sell or purchase illegal drugs; and

WHEREAS, the Town Police Department has confirmed that illegal drug trade does occur regularly on the streets, pathways, and vacant properties within and around the Pine Knolls Development; and

WHEREAS, the police believe that restricting on-street parking and patrolling unimproved areas off the streets will reduce the incidence of illegal activities in the area.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves parking restrictions as outlined in the attached ordinance for streets in the Pine Knolls Development area.

This the 22nd day of June, 1992.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(92-6-22/O-4)

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

SECTION I

That Section 21.21.1 of the Town Code of Ordinances, "Tow Zones", is amended by deleting the following:

Street

Side

From To

Cole Street

West

Full Length

Creel Street

South

Full Length

Crest Street

South

Full Length

Grant Street

West

Full Length

Johnson Street

North

Full Length

Knolls Street

North

Full Length

SECTION II

That Section 21.21.1 of the Town Code of Ordinances, "Tow Zones", is amended by inserting the following therein in appropriate alphabetical order:

Street

Side

From To

Cole Street

Both Sides

Full Length

Creel Street

Both Sides

Full Length

Crest Street

Both Sides

Full Length

Edwards Street

Both Sides

Full Length

Grant Street

Both Sides

Full Length

Johnson Street

Both Sides

Full Length

Knolls Street

Both Sides

Full Length

Lincoln Lane

Both Sides

Full Length

Wentworth Street

Both Sides

Full Length

SECTION III

That Section 21-27.1 of the Town Code of Ordinances, "No Parking During Certain Hours", is amended by deleting the following:

Street

Side

From To

Edwards Street

East

Full Length

SECTION IV

That the following new section is included in and made a part of Chapter 21 of the Town Code of Ordinances:

Section 21-27.8. No Parking Anytime Except by Residential Permit

Parking in designated areas on the following streets is limited to those vehicles displaying a valid residential permit:

Street

Side

From To

Cole Street

East

Full Length

Creel Street

North

Full Length

Crest Street

North/West

Full Length

Edwards Street

East

Full Length

Grant Street

North

Full Length

Johnson Street

South

Full Length

Knolls Street

South

Full Length

Lincoln Lane

South

Full Length

Wentworth Street

East

Full Length

SECTION V

This ordinance shall be effective on Monday, August 3, 1992.

SECTION VI

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

This the 22nd day of June, 1992.

AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES TO AUTHORIZE SPECIAL ON-STREET PARKING PERMITS FOR RESIDENTS OF CERTAIN STREETS IN THE PINE KNOLLS AREA AND THEIR GUESTS

(92-6-22/O-5)

WHEREAS, numerous residents of the Pine Knolls area petitioned the Council on May 26 to restrict parking on streets in and around the neighborhood because of problems with illegal drug trafficking on the streets; and

WHEREAS, the Council desires to restrict parking to residents and their guests on these streets in response to the petition and with the objective of helping to deter the sale of illegal drugs;

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

SECTION I

That the following new section is included in and made a part of Chapter 21 of the Town Code of Ordinances:

Section 21-27.2.2. Special Parking Permits

The Manager is authorized to issue annually special parking permits to residents of the streets listed below to park on said streets where parking is otherwise prohibited. Such parking shall be permitted only in areas displaying signs designating zones for parking by residential permit.

Cole Street

Creel Street

Crest Street

Edwards Street

Grant Street

Johnson Street

Knolls Street

Lincoln Lane

Wentworth Street

The number of special parking permits issued for a given residence shall not exceed the number of licensed vehicles registered to the residence address. The Manager is further authorized to issue a maximum of two (2) additional guest parking permits per residence address. All permits shall be renewable annually, with current proof of residence and vehicle license required at the time of permit issuance and/or renewal.

SECTION II

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

SECTION III

That this ordinance shall be effective on July 27, 1992.

This the 22nd day of June, 1992.

Council Member Capowski requested that Mayor Broun write a letter to Carrboro Mayor Kinnaird concerning parking regulations on Roberts Street.

Item 4 Nominations and Appointments

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO NOMINATE ALL APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE STORMWATER MANAGEMENT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Andresen said that Tim Ream would be a good member of the Town's Planning Board.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECOMMEND TIM REAM AS THE TOWN'S JOINT PLANNING TRANSITION AREA REPRESENTATIVE TO THE ORANGE COUNTY BOARD OF COMMISSIONERS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO APPOINT RITA BERMAN AND CHARLES ZIMMERLI AND REAPPOINT W.W. EDMONDS AND VELMA PERRY TO THE HOUSING ADVISORY BOARD BY ACCLAMATION.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT KATHY GOMEZ, SARAH KOGUT, CHRISTIN PRIOR AND REAPPOINT SCOTT CAIN AND JOYCE TROUT TO THE HUMAN SERVICES ADVISORY BOARD BY ACCLAMATION.

Council Member Andresen said the Council subcommittee on OWASA matters requested that appointments to the OWASA Board be deferred to July 6th. The Council agreed to the deferral.

Council Member Andresen noted that several applicants to the Planning Board might have conflicts due to the nature of their employment. She suggested the appointment of Scott Radway or Frank deMonchaux to the Planning Board. Council Member Rimer noted that Mr. Radway was employed in the development community. Noting that there were a number of good applicants, Council Member Chilton said he wished to speak strongly in favor of Mr. Radway or Ms. Wells. Council Member Wilkerson said he supported the appointment of Ms. Wells.

SCOTT RADWAY WAS APPOINTED TO THE PLANNING BOARD. THE VOTE TALLY WAS AS FOLLOWS:

SCOTT RADWAY 5 Votes (Andresen, Brown, Chilton Herzenberg, Werner)

Belinda Wells 4 Votes (Broun, Capowski, Rimer, Wilkerson)

Voting ballots are on file in the Town Clerk's Office.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO APPOINT MICHAEL LEE AND GEORGE SNOWDEN TO THE PERSONNEL APPEALS COMMITTEE BY ACCLAMATION.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO RECOMMEND BILL BRACEY FOR REAPPOINTMENT CONSIDERATION TO THE ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION.

Council Member Capowski stated that Connie Mullinix would do an excellent job of serving on the Orange County Economic Development Commission. Council Member Herzenberg noted that the Council's general practice had been to reappoint those who had regularly attended meetings. Council Member Herzenberg said Mr. Bracey had done a very good job. Council Member Brown noted that Mr. Bracey currently served as the Commission's Secretary. Noting his support for reappointment of Mr. Bracey, Mayor Broun said he would be happy to support appointment of Ms. Mullinix to another board in the future. Council Member Andresen requested that the Council receive regular reports from the Orange County Economic Development Commission. Mr. Horton said an invitation would be extended for a report to be made in September.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Council Member Werner suggested that the Council appoint all eight applicants to the Committee to administer the Chapel Hill Endowment for Public Art. Mayor Broun said it appeared that the Council had no problem with this suggestion.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO APPOINT ALL EIGHT APPLICANTS (MICHAEL BROWN, EILEEN HELTON, CAROLYN LEITH, ANNE LOEB, KATIE NAMM, NANCY PRESTON, JOSEPH ROWAND AND HERSCHEL SLATER) TO THE CHAPEL HILL ENDOWMENT FOR PUBLIC ART ADMINISTRATION COMMITTEE.

Council Member Andresen said she hoped the committee would include children's art in its planned exhibits.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO APPOINT ALL FOUR APPLICANTS (THOMAS DRIMLER, BITTY HOLTON, HENRY MATTOX AND ANDREA ROHRBACHER) TO THE GREENWAYS COMMISSION BY ACCLAMATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Rimer noted that Jerry Sharpe was the only non-incumbent Historic District Commission applicant residing in a historic district. Council Member Herzenberg noted that Mr. Webb lived just outside the old historic district. He added that regular attendance at meetings such as the Historic District Commission and Board of Adjustment was especially important. Council Member Herzenberg said he would be unable to support reappointment of one of the incumbent applicants due to the individual's poor attendance record.

Council Member Werner said it was important for historic district residents to serve on the Commission. Council Member Andresen expressed her concurrence, suggesting that the Council codify appointing two members from the Town's new historic district. Mayor Broun suggested that the Council consider making only four of the five appointments this evening. Council Member Wilkerson suggested appointing Mr. Sharpe by acclamation and voting on three additional appointees.

Council Member Herzenberg suggested that the Council consider postponing appointments until July 6th. Council Member Werner suggested that the Council consider codifying the appointment of a minimum of two residents each from the Town's old and new historic districts. Council Member Herzenberg noted that State guidelines required that some Commission members have training in architecture or history. He added that it was difficult to balance statutory and political requirements for the Commission. Council Member Rimer said Council Member Herzenberg's point was well-taken. Mayor Broun said there appeared to be no objection to postponing the appointments until July 6th.

THE COUNCIL APPOINTED THEODORE BLOSTEIN, DEIDRE COURY AND DIANNA MAZZA TO THE BOARD OF ADJUSTMENT BY ACCLAMATION.

Due to the late notice on the matter, Council Member Herzenberg and Mayor Broun suggested deferring an appointment recommendation to the Orange County Human Relations Commission.

Council Member Werner said considering appointments and nominations to thirteen boards and commissions at one Council meeting was inadvisable. He requested that Mayor pro tem Herzenberg and Council Member Brown examine ways to spread out appointments over the course of the year. Council Member Werner suggested that members of no more than four boards or commissions be appointed at one meeting. Mayor Broun suggested that Mayor pro tem Herzenberg and Council Member Brown further explore the matter. Council Member Andresen inquired whether any recognition would be given to retiring advisory board and commission members. Council Member Herzenberg said recognition would occur at the August 24th meeting.

Item 5 North Street Subdivision, Phase IV

Mayor Broun inquired whether any Council Members wished to postpone consideration of the matter. Council Member Andresen expressed concern that there had not been sufficient forewarning of the item on this evening's agenda. She added that the number of lots in the developer's proposal was unchanged. Mr. Horton stated that the developer had chosen to resubmit his earlier plan with nine lots. He added that the developer had proposed to drop the right to the use of an access easement. Council Member Werner said he concurred with Council Member Andresen that the Council had asked the developer to return with a revised proposal. Noting that several hearings had been held on the proposal, Council Member Werner noted that the Council had the opportunity to act on the proposal this evening.

Council Member Capowski inquired about the differences between Resolution 1a and 1b. Mr. Waldon reviewed the differences, noting that they dealt with slope configuration, prohibition of access to Tenney Circle at Glenburnie Street and the status of flag lots. Council Member Andresen inquired whether the Planning Board's or Manager's recommendation allowed for steeper slopes. Mr. Waldon said the Manager's recommendation would allow slightly steeper slopes. Council Member Rimer inquired about buildable area in the proposed subdivision. Mr. Waldon briefly reviewed the buildable area and setback requirements in the applicant's proposed nine lot subdivision. Council Member Rimer inquired about the extent of setbacks. Mr. Waldon said the setbacks were twenty-six to twenty-seven feet. Council Member Rimer expressed concern about the developer's proposal to construct a nine-lot subdivision in a small area. He inquired whether an unrecorded easement could be stipulated for recordation on a deed. Mr. Karpinos said the unrecorded easement could be taken off the record as part of preliminary plat approval by the Council. Mr. Waldon noted that the access easement was off-site. He added that prohibition of use of the easement was recommended.

Council Member Andresen asked whether the developer could further subdivide lots six and seven in the future. Mr. Karpinos said that an application would need to be examined by the Council in the context of existing regulations. Council Member Capowski asked whether R-2 zoning was assigned to the developer's parcel. Mr. Waldon said yes. Council Member Capowski noted that the front setback for R-2 zoning was twenty-six feet in width.

Gerry Barrett, the applicant, expressed his concurrence with the proposed conditions of approval outlined in the Manager's recommendation.Noting that the Council had previously received public comment on the matter, Mayor Broun requested that citizens not repeat their earlier comments.

Walter Baum requested a clarification of the access easement situation relative to the proposed subdivision. Mr. Karpinos said one of the proposed conditions of approval was not to permit use of the easement for access to the proposed subdivision. Council Member Andresen asked whether there was a time limit for development to occur. Mr. Karpinos stated that there was no specific time limit for development. He noted that the lots could possibly be recombined in the future.

Jean Wilkins requested that the Council carefully consider its decision concerning the request for subdivision approval.

Mayor Broun noted that no other persons had requested to address the Council on the matter.

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

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION C.

Council Member Rimer said the proposed subdivision did not provide adequate buildable area for all lots in accordance with generally accepted community design standards as outlined in the Town's Design Guidelines. Council Member Werner inquired whether use of this rationale for rejecting the application would bind the Council relative to consideration of future subdivisions. Mr. Karpinos said this might depend on whether the resolution was adopted and whether it held up in a court of law. Council Member Capowski inquired about the status of the property, in the event that Resolution C was adopted by the Council. Mr. Karpinos said that if the applicant did not appeal the denial, the applicant would be entitled to submit a new application for a different subdivision. Council Member Capowski asked whether a new application and payment of new fees would be necessary. Mr. Karpinos said yes. Council Member Capowski inquired about the amount of fees collected by the Town to date, relative to the North Street Phase IV subdivision. Mr. Waldon said approximately $1,000.

Council Member Andresen said she appreciated the willingness of the applicant and area residents to compromise on the access easement situation. Council Member Andresen said she was very concerned about the proposed steepness of subdivision lots. She requested that the developer design a subdivision with fewer lots, in the event that the Council decided to approve the proposal. Noting that he was not opposed to some development on the property, Council Member Rimer said he opposed the proposal for a nine-lot subdivision. He noted that the Council had previously asked the Council to redesign the subdivision with a smaller number of lots. Council Member Chilton said there still appeared to be room for compromise on some issues. Council Member Wilkerson said voting "no" on the proposal did not rule out the applicant submitting a new proposal.

Mr. Horton suggested that the Council continue its comments on the basis for denial, if denial were to be recommended. He added that a revised denial resolution could be drafted for consideration at the Council's July 6th meeting. Council Member Werner said the Council did not have to vote on the matter this evening.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO TABLE THE MATTER UNTIL JULY 6TH. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS CAPOWSKI AND HERZENBERG VOTING NO.

Council Member Werner inquired whether the hearing would be reopened on July 6th. Mr. Horton noted that the hearing had been closed earlier in the evening.

Item 6 McGregor Place/Erwin Village

Mr. Waldon briefly reviewed the proposed special use permit modification for McGregor Place. He noted that approval of the request was recommended.

Council Member Werner requested information on existing and proposed sidewalks in the area. Mr. Waldon provided an overview of sidewalks. Council Member Andresen noted that making left turns out of the proposed subdivision would be difficult. She expressed concern about the safety of motorists and pedestrians in the area. Mr. Waldon said that a condition of the proposed special use permit could be to require construction of additional sidewalks along Erwin Road. He noted that there was very little room between the town homes and the street in which to construct sidewalks. Council Member Werner inquired about the possibility of the Town installing a sidewalk along Erwin Road. Council Member Brown inquired about the limits of such a sidewalk. Council Member Werner said the sidewalk would be along Erwin Road. Council Member Capowski inquired about pedestrian destinations in the area. Mr. Waldon briefly described possible destinations. He added that the sidewalk project could be identified as a priority in future Town sidewalk plans. Mayor Broun said the sidewalk matter could be addressed in the proposed resolution.

Ms. Smith said the man-made lake on the property was beautiful. She expressed concern that $80,000 homes would be constructed next to $250,000 homes. Ms. Smith said she disagreed with this approach.

James McEntire, owner of lots three and four in the adjoining Windhover subdivision. Mr. McEntire said he had over $300,000 invested in his properties. Mr. McEntire noted that the Windhover development was approximately three to four feet higher than the proposed development. Noting his opposition to the Erwin Village proposal, Mr. McEntire said there were mature trees on the property which should be preserved. He suggested that a development with more open space and cluster homes might be preferable.

Council Member Andresen expressed concern that at least two large oak trees would be lost on the property. She noted that adjoining property owners had valid concerns about drop-offs in the topography of neighboring land. Council Member Rimer inquired whether the pond on the property was covered under the Wetland Protection Act. Mr. Waldon said he believed that the pond was not covered by the act. Jack Smyre, the applicant's engineer, said a determination would be requested as part of the construction process. Council Member Rimer noted that standards for wetlands were frequently changing. Mr. Smyre noted that the proposed conditions of approval in Resolutions 2a and 3a were acceptable to the applicant.

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

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 2A.

Council Member Herzenberg expressed concurrence with Council Member Werner's earlier remarks about sidewalks. Mr. Horton said that sidewalks could possibly be installed using Town funds or by asking the applicant to work this matter out. Mr. Horton said he did not know whether there was adequate right-of-way to construct a sidewalk. He suggested that sidewalk requirements be outlined in the subdivision preliminary plat.

THE MOTION TO ADOPT RESOLUTION 2A WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR MCGREGOR PLACE TOWNHOUSES (formerly part of The Highlands and Asheton Hill) (SUP-27Q-A-1A) (92-6-22/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the McGregor Place Townhouse Development, proposed by Orange Community Housing Corporation and Waxler Associates on property identified as Chapel Hill Township Tax Map 27Q, Block A, Lot 1A, and Tax Map 27Q, Block B, Lots 1-8, if developed according the Phase I and II portions of the site plan for The Highlands, dated August 1983, and the conditions listed below, would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations (with the exceptions listed below);

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

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

BE IT FURTHER RESOLVED by the Council that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1. Reducing the area encumbered by the Special Use Permit, recorded in deed book 435, page 218 of the Orange County Register of Deeds Office, to 43,600 square feet.

2. Modification of Subsection 13.11.1 of the Development Ordinance to exceed the maximum floor area limit of 10,030 square feet, allowing 20,710 square feet of floor area.

3. Modification of Subsection 18.8.6.2 of the Development Ordinance to allow a planned development-housing on a one-acre tract rather than the 5-acre minimum normally required.

4. Modification of Subsection 13.8 of the Development Ordinance to exceed the maximum density of 10 units per acre for the zoning district, allowing the existing 16 dwelling units on 43,600 square feet of land.

5. Modification of Subsection 13.7.9 of the Development Ordinance to waive the 1,700 square foot recreation area requirement.

6. Modification of Subsection 14.12.6 of the Development Ordinance to waive the requirement for a landscape buffer between the townhouses and the subdivision proposed on adjacent property to the north and east.

BE IT FURTHER RESOLVED that this Special Use Permit Modification is conditioned upon and subject to the Erwin Village Subdivision, proposed on the 5.7 acres previously included within this Special Use Permit, being approved as a subdivision and developed in accordance with the plans as approved by the Council, including specifications requiring housing units within the subdivision being for persons and families of low or moderate income.

BE IT FURTHER RESOLVED that the continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed and described above.

BE IT FURTHER RESOLVED that if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for McGregor Place (formerly part of Asheton Hill and The Highlands) in accordance with the plans and conditions listed above.

This the 22nd day of June, 1992.

Mr. Waldon said many questions raised at the earlier public hearing were addressed in the staff's follow-up memorandum. He noted that grading plans for the subdivision would have to be prepared and reviewed if the preliminary plat were approved. Mr. Waldon also noted that no buffers were required between two residential subdivisions. He stated that there might not be adequate right-of-way along Erwin Road to install a sidewalk. Mr. Waldon said the staff recommended extending a sidewalk along the full length of McGregor Drive.

Mayor Broun inquired about the drop-off from the adjoining property. Mr. Waldon said the land had a significant slope. Council Member Andresen said the proposal project should be a good neighbor, with a landscape protection plan and grade level changes with landscape timbers or manmade walls. Mr. Waldon said he was not optimistic that plantings on the lots would offer much in the way of visual buffering. Mr. Smyre said the applicant had run a preliminary grading plan which indicated no need for the importation or export of materials at the site. Council Member Andresen inquired about the slope characteristics of the site. Mr. Smyre said the maximum transition was a three to one slope. Council Member Andresen inquired about the viability of a retaining wall. Mr. Smyre said there was no need for an artificial wall. He added that a six foot maximum vertical slope occurred in an sewer easement.

Council Member Andresen inquired about drainage on the site. Mr. Smyre said drainage would generally flow to the east. Noting his concern with visual impact on homes to the north, Council Member Capowski inquired about strategies to block the view. Mr. Smyre said nothing was proposed. Council Member Andresen inquired whether the Town had any ability to oversee the final grading of the subdivision. Mr. Horton noted that the Town approved all final drainage and grading. Mr. Smyre said the applicant concurred with Resolution 3a as amended, as recommended by the Manager. Mayor Broun said the Council would consider the comments of citizens in connection with the matter.

Council Member Andresen inquired how grading and drainage problems would be handled. Mr. Horton said some adjustments could be made in the field. Council Member Andresen inquired who would oversee the inspection process. Mr. Horton said the Town's Engineering staff would oversee drainage matters. Council Member Werner inquired whether it was correct that the Council did not have the authority to reduce the payment-in-lieu or amount of land. Mr. Horton said this was correct. Mr. Waldon said the subdivision approval included a condition outlining payment-in-lieu in partial fulfillment of recreation area requirements. Council Member Werner asked whether the Town was committing itself to a payment-in-lieu of $30,000. Mr. Waldon said yes.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3A.

Council Member Herzenberg suggested that the resolution be amended to include a requirement that a sidewalk be constructed along Erwin Road. Council Member Herzenberg said he would consider this a friendly amendment. Council Member Brown inquired about the status of sidewalks if sufficient right-of-way were not available. Mr. Horton said the Town would ask the applicant to explore options. Mr. Smyre requested that the Council provide some flexibility in regard to sidewalk design. Council Member Rimer said he did not find any compelling reason for an internal sidewalk. Mr. Horton noted that the sidewalk would be used for access to the park. Council Member Wilkerson said he had concerns about proposed financing of sidewalk and park improvements. Council Member Wilkerson also said he was concerned about who would take care of the park. Council Member Andresen inquired about the width of the interior road in the proposed subdivision. Mr. Horton said twenty-seven feet. Council Member Andresen said the sidewalk along Erwin Road could be meandering or made of a material other than cement.

THE MOTION TO ADOPT RESOLUTION 3A, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A PRELIMINARY PLAT APPLICATION FOR ERWIN VILLAGE SUBDIVISION (sd 27Q-A-1) (92-6-22/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that Erwin Village Subdivision preliminary plat proposed by Orange Community Housing Corporation, on property identified as Chapel Hill Township Tax Map 27Q, Block A, Lot 1, if developed according to Preliminary Plat dated March 10, 1992 (revised April 9, 1992), and the conditions listed below, would comply with the Development Ordinance:

Stipulations Specific to the Development

1. Effectiveness of the Plat: The preliminary plat shall be in effect only after the following conditions are met:

a. Approximately 5.7 acres of land are disencumbered, as a modification of the Special Use Permit, from the existing Special Use Permit covering approximately 7 acres for McGregor Place (formerly The Highlands and Asheton Hill), recorded in Deed Book 435, Page 218 in the Orange County Register of Deeds Office.

b. The above-mentioned modification of Special Use Permit shall be recorded in the Orange County Register of Deeds Office.

2. Commitment to Affordable Housing: That the subdivision approval is conditioned upon the developer presenting a development, financing and marketing plan, which is approved by the Town Manager, and demonstrates the developer's commitment to provide 20 units of housing within the subdivision for persons and families of low and moderate income.

3. Right-of-way Realignment: That the closure of the existing right-of-way and dedication of new right-of-way be reviewed and approved by the Council in an application separate from this subdivision application, and that all proper documentation and plats be recorded prior to issuance of a Zoning Compliance Permit for this subdivision.

4. Required Improvements:

A. That McGregor Drive be extended from the current terminus to the eastern property line, and that a temporary turnaround be provided at the new terminus.

B. That the McGregor Drive turnaround be designed and constructed to Town standards to accommodate passenger vehicles.

C. That McGregor Drive shall be constructed to a 27-foot back-of-curb to back-of-curb cross-section, and 50 feet of right-of-way shall be dedicated.

D. A 5-foot sidewalk shall be constructed on the south side of McGregor Drive, and along the subdivision's frontage on Erwin Road. The sidewalk may meander and not necessarily be of concrete construction.

E. That the westernmost cul-de-sac be constructed to Class C standards.

F. That the easternmost cul-de-sac be constructed to Class C standards with a 20-foot pavement width in a 40-foot right-of-way, except that no curb and gutter shall be required on the east side, and the shoulder on that side shall be constructed to withstand parked cars.

G. That the turnaround for the easternmost cul-de-sac be designed to Town standards to accommodate passenger vehicles.

Stipulations Related to the Resource Conservation District

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

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

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

8. Buildable Lots for Preliminary Plat applications: That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

9. Buildable Area for Preliminary Plat applications: That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District.

Stipulations Related to Recreation Area

10. Dedication of Recreation Area for Preliminary Plat applications: That the final plat dedicate and deed the Recreation Area to the Town of Chapel Hill for Parks and Recreation purposes only. The developer remains responsible for the recreation area unless the Town accepts the property.

11. Payment-in-lieu: That a payment-in-lieu to fulfill the remainder of the recreation space requirement be made to the Town. The amount of payment must be calculated in accordance with Subsection 17.9.5 of the Development Ordinance.

12. Flood protection: That necessary site modifications be made to ensure that the active play area will not be flooded during a 25-year storm.

Stipulations Related to State and Federal Government Approvals

13. State or Federal approvals: That any required County, State or federal permits or encroachment agreements be approved, and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit. This includes a permit from the Army Corps of Engineers, if one is required for draining and filling the pond as proposed.

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

Stipulations Related to Landscape Elements

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

16. Buffer: That a Type B buffer, minimum width 10 feet, be provided between the townhouse development (McGregor Place) and the adjacent single-family lot to the east. Alternatively, the developer may apply to the Appearance Commission for an alternative Type B buffer in that location.

Stipulations Related to Water, Sewer, and Other Utilities

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

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

19. OWASA Easements for Preliminary Plat applications: That

easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

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

Miscellaneous Stipulations

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

22. Refuse Collection: That a note be added to the final plans and final plat that curbside refuse collection service may be necessary for Lots 9-16, and possibly additional lots.

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

24. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

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

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

26. For Developments with New Streets - Names, Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

28. Work Zone Traffic Control Plan: That a work zone traffic control plan be approved by the Town Manager before issuance of a Zoning Compliance Permit.

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for preliminary plat for Erwin Village Subdivision in accordance with the plans and conditions listed above.

This the 22nd day of June, 1992.

Mr. Horton noted that Town financing of $60,000 for water and sewer improvements and $30,000 for park improvements was proposed. He stated that a deed of trust arrangement was recommended.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 4.

Noting his strong support for affordable housing in the community, Council Member Wilkerson said he had serious problems with providing $30,000 for park improvements, since a small park would serve a very small area. Council Member Wilkerson said the program did not meet the definition of truly low-income housing. Council Member Werner said $30,000 could be spent more productively for park facilities elsewhere. He noted that the proposed park would likely only serve those in the immediate area.

Mayor Broun inquired what would happen to the preliminary plat if the $30,000 for park facilities were not approved. Mr. Horton said the applicant would have to find a way to meet this condition of approval. Council Member Herzenberg said the proposed project was an excellent one. Council Member Herzenberg added that if the project were sustainable without the $30,000 for park facilities, he would be willing to remove this from the proposed resolution. Council Member Wilkerson inquired about the feasibility of the Triangle Housing Partnership providing financial assistance for park facilities. Donna Dyer, Director of the Orange Community Housing Corporation, said the Partnership was a financing organization. She said the Partnership did not have capital to donate to individual projects. Council Member Brown inquired about the possibility of alternate funding sources. Ms. Dyer said this could be further explored.

Council Member Capowski inquired about the nature of proposed park facilities. Mr. Horton said the $30,000 would be used to acquire and install playground equipment and related facilities. He noted that the money would be reclaimed as homes were sold. Council Member Werner asked whether the funds could be spent for park facilities at Cedar Falls Park. Mr. Horton said yes. Council Member Werner said he found this to be a preferable approach. Council Member Andresen said she did not oppose spending a lesser amount of money, such as $5,000, for playground equipment. Council Member Wilkerson said he had concerns about siting numerous pocket parks. He emphasized the need to improve facilities at existing parks. Mayor Broun suggested that the $30,000 for park improvements be placed in a payment-in-lieu fund for future consideration. Council Member Rimer said this was a good suggestion.

THE MOTION TO ADOPT RESOLUTION 4, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING USE OF FUNDS FOR THE ERWIN VILLAGE SUBDIVISION TO BE DEVELOPED BY ORANGE COMMUNITY HOUSING CORPORATION (92-6-22/R-4)

WHEREAS, the Town of Chapel Hill participated with other member governments in Orange County to establish the Orange Community Housing Corporation, whose purpose is constructing additional housing opportunities for lower-income families in Orange County; and

WHEREAS, the Orange Community Housing Corporation proposes to construct 20 homes in the Erwin Village subdivision, for families with incomes less than 80% of the area median income; and

WHEREAS, the Orange Community Housing Corporation has requested financial assistance from the Town of Chapel Hill to reduce the cost of the homes, thereby increasing their affordability to lower income families;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the following allocations for the project:

1. OWASA Tap Fees --- $60,000; Source: 1/2 Cent Sales Tax Restricted for Water and Sewer Purposes.

2. Park Improvements --- $30,000; Source: Local Allocation for Low-Income Housing (Construction Loan funds to be reused for this purpose). The purpose and location of such improvements

shall be determined at a later date.

3. Construction Loan --- $100,000; Source: Local Allocation for Low-Income Housing.

BE IT FURTHER RESOLVED that the Council authorizes the Town Manager to develop and execute on behalf of the Town a Note and Deed of Trust and Memorandum of Agreement with Orange Community Housing Corporation specifying the use of the funds and timing of release of Town funds as outlined in the Manager's memorandum to the Council dated June 22, 1992; with such documents also to be in conformance with the development, financing, and marketing plan to be approved by the Town Manager as a requirement of meeting the terms of the subdivision approval for Erwin Village (Stipulation #2) as contained in the Manager's memorandum to the Council on Erwin Village Subdivision, Request for Preliminary Plat approval, dated June 22, 1992.

This the 22nd day of June, 1992.

Council Member Andresen said the Council had a number of other important issues to address on the agenda. Council Member Rimer noted that solid waste planning and the southern small area plan were critical issues to the community. He suggested that the Council reconvene tomorrow evening. Council Member Herzenberg suggested that the Council consider the Ironwoods matter this evening.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO CONSIDER THE IRONWOODS MATTER AND THE BALANCE OF THE CONSENT AGENDA THIS EVENING, WITH THE REST OF THE AGENDA TO BE CONSIDERED BEGINNING AT 7:30 P.M. ON JUNE 23RD.

Council Member Wilkerson noted that the Council had already scheduled a carryover meeting from July 6th to July 7th. Mr. Horton said he did not know whether the July 7th carryover meeting would be necessary. Mayor Broun suggested that the Council continue this evening's meeting to June 23rd at 7:30 p.m. in the order listed on the agenda.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER HERZENBERG VOTING NO.

Betty Maultsby noted that solid waste planning matters were scheduled for discussion by the Carrboro Board of Aldermen tomorrow evening. Mayor Broun said the Council would move as expeditiously as possible through the balance of its agenda tomorrow evening.

Item 7 Ironwoods SUP Modification and Subdivision

Mr. Waldon said the applicant was requesting partial revocation of an existing special use permit for Ironwoods subdivision. Noting that there had been no earlier Council comment on the request, Mr. Waldon said approval of the request was recommended. Jack Smyre, the applicant's representative, said the applicant concurred with the proposed conditions of approval.

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

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

Council Member Herzenberg noted that the applicant had expressed a willingness to locate a plaque in the subdivision, designating the site of a former iron mine. Council Member Herzenberg read the proposed language of the proposed plaque.

THE MOTION TO ADOPT RESOLUTION 5A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE PARTIAL REVOCATION OF THE SPECIAL USE PERMIT FOR THE IRONWOODS PLANNED DEVELOPMENT (92-6-22/R-5a)

WHEREAS, on April 28, 1980 the Chapel Hill Town Council approved a Special Use Permit for Ironwoods - Unified Housing Development (now known as Ironwoods) which has been recorded at the Orange County Register of Deeds Office in Deed Book 342, Page 268; and

WHEREAS, the deadline for completion of the development approved by the Special Use Permit for the Ironwoods Planned Development was January 31, 1990; and

WHEREAS, in March of 1990, the deadline for completion was extended by the Town Manager for one year to January 31, 1991; and

WHEREAS, the development approved by the Special Use Permit for the Ironwoods Unified Housing Development has not been completed by the extended completion time limit; and

WHEREAS, Section 18.6.6 of the Chapel Hill Development Ordinance provides for the revocation of Special Use Permits if any conditions of a Special Use Permit or Modification of Special Use Permit, including completion time limits, are violated;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council partially revokes the Special Use Permit for the Ironwoods Planned Development so that the land encumbered by the Special Use Permit is that area, approximately 99 acres, on the north and south sides of Seawell School Road already developed with single-family residential dwelling units (south side) and townhouse dwelling units (north side), and so that the 29.22 acre remainder is no longer encumbered by the aforementioned Special Use Permit.

This the 22nd day of June, 1992.

Mr. Waldon briefly reviewed the applicant's subdivision proposal. He also reviewed the proposed off-site recreation area and noted that Resolution 6a was recommended for adoption. Council Member Andresen inquired whether it was correct that bicycle lanes were not required in the proposed conditions of approval. Mr. Waldon said this was correct. Council Member Capowski requested additional specifics on the proposed pedestrian connection to the University's park and ride lot. Mr. Waldon said negotiations with the University would continue on this matter. He added that the Town had positive experiences with developers on proposals of this type in the past. Mr. Horton said language could be added to the proposed resolution. Mr. Karpinos suggested adding the language "and provide this connection if the University agrees" to the proposed resolution. Council Member Capowski said he favored addition of the language.

Council Member Brown inquired why the Greenways Commission had recommended an environmental assessment. Mr. Waldon said this was to provide every assurance that the land had not been previously used for landfills or similar uses. Council Member Werner stated that a very desirable piece of land was proposed for dedication as a recreation site. Mayor Broun requested that the applicant's statement on proposed conditions of approval. Mr. Smyre said the applicant had no problems with Resolution 6c as amended.

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

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 6C AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR THE IRONWOODS NORTH SUBDIVISION (92-6-22/R-6c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by G-W-D, Inc. on property identified as Chapel Hill Township Tax Map 30, Lot 5C, Lot 5E, and Chapel Hill Township Tax Map 30M, part of Lot 1, if developed according to the Preliminary Plat dated January 7, 1992 (revised March 2, 1992) and the conditions below would comply with the provisions of the Development Ordinance.

This finding is conditioned on the following:

Stipulations Specific to the Development

1. Partial Revocation: That the Council approve the partial revocation of the Special Use Permit and that the partial revocation documentation be recorded at the Orange County Register of Deeds Office prior to application for Zoning Compliance Permit.

2. That the final plat(s) shall contain a note alerting potential property owners of the proximity of the Horace Williams Airport.

3. Required Improvements:

A. That the applicant provide a sidewalk, to be built to Town standards, along the north side of Seawell School Road from the eastern access road's intersection with Seawell School Road to the westernmost point of the subject property's Seawell School Road frontage.

B. That a loop sidewalk, to be constructed to Town standards, be provided along the inner side of the Class B loop road, connecting with the Seawell School Road sidewalk.

C. That the cul-de-sacs be constructed to Class C standards.

D. That the off-site tracts identified as Chapel Hill Township Tax Map 30, Lot 6C , which contribute to the development's recreation area requirement, be deeded to the Town of Chapel Hill prior to issuance of a Zoning Compliance Permit. The developer shall provide title to the Town which allows the property to be used by the Town for public greenway and recreation purposes. Any alternative proposals for compliance with the recreation area requirements must be reviewed and approved by the Council as an application for modification of Preliminary Plat approval.

E. That plans for improvements to the 2.16 acre on-site recreation area be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

F. That the applicant submit an analysis of the cost of installing a traffic signal at the intersection of Estes Drive and Seawell School Road for review and approval by NCDOT and the Town Manager, and that the applicant provide ten percent of the cost of that installation as a payment-in-lieu prior to issuance of a Zoning Compliance Permit. If after four years the warrant criteria are not met for installation of a traffic signal at the Estes Drive/Seawell School Road intersection, the payment-in-lieu is to be refunded to the applicant.

G. That existing parking for the townhouses located on the north side of Seawell School Road be relocated as indicated on the preliminary plat.

H. That the developer investigate the possibility of providing a pedestrian connection, in the area of Lots 19 and 20, to connect this subdivision to the University Park/Ride Lot, and provide this connection, if the University agrees.

Stipulations related to the Resource Conservation District

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

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

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

7. Buildable Lots for Preliminary Plat applications: That no lot be created that, in order to be built upon, would require a Resource Conservation District Variance.

8. Buildable Area for Preliminary Plat applications: That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District.

Stipulations related to Recreation Area

9. Access Easements for Preliminary Plat applications: That the final plat indicate pedestrian and non-motorized vehicle access easement within the Recreation Area.

10. Dedication of Recreation Area for Preliminary Plat applications: That the final plat dedicate and deed the on-site Recreation Area to the Homeowners Association. The developer remains responsible for the recreation area unless a Homeowners Association accepts the property.

Stipulations related to State and Federal Government Approvals

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

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

Stipulations related to Landscape Elements

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

14. Landscape Plan for Preliminary Plat applications: That a detailed landscape plan and landscape maintenance schedule be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan is to include a 20 foot Type C buffer along the property's Seawell School Road frontage and 10 foot Type B buffers along the property's west, north, and east boundaries.

Stipulations related to Water, Sewer, and other Utilities

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

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

17. OWASA Easements for Preliminary Plat applications: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

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

Miscellaneous Stipulations

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

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

21. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed, and that a note to this effect shall be placed on the final plat.

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

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

23. For Developments with New Streets-Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the town.

24. For Developments with New Streets-Names, Numbers: That the name of the development and its streets and house/building numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

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

28. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat approval of the Ironwoods North Subdivision in accordance with the plans and conditions listed above.

This the 22nd day of June, 1992.

Item 12 Consent Agenda

Council Member Andresen requested removal of items d and g for discussion. Mayor Broun noted that the Council had already acted on item j.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE BALANCE OF THE CONSENT AGENDA (EXCEPTING ITEMS D, G AND J). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS ORDINANCES AND RESOLUTIONS

(92-6-22/R-11)

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

a. Minutes of May 26 and 27.

b. Final 1991-92 budget amendments (O-3).

c. Authorization to apply for mosquito control grant (R-12).

d. Land acquisition criteria (R-13).

e. Morgan Creek greenway land acquisition (R-14).

f. Calling hearing on proposed McGregor Drive right-of-way closure (R-15).

g. Calling hearing on proposed amendments to the Tree Protection Ordinance (R-16).

h. Transfer of utility easement to OWASA (R-17).

i. Abandoned drainage easement (R-18).

j. Parking restrictions for Pine Knolls neighborhood (O-4, O-5, and R-19).

k. Parking restrictions for Deming Road and Hotelling Court (O-6).

This the 22nd day of June, 1992.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 (92-6-22/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the budget ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1991" as adopted on July 8, 1991 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Transfer to Capital

Improvements Fund 0 60,000 60,000

Planning 634,511 30,000 664,511

CAPITAL IMPROVEMENTS

FUND 1,285,158 60,000 1,345,158

CAPITAL RESERVE FUND

Transfer to Capital

Improvements Fund 100,000 400,000 500,000

LANDFILL FUND 2,854,385 49,822 2,904,207

HOUSING LOAN TRUST

FUND 111,000 71,000 182,000

CHURCH STREET PARKING

FACILITIES BOND FUND 380,000 350,000 30,000

PARKING FACILITIES

BOND FUND 346,000 230,000 116,000

OFF-STREET PARKING

FACILITIES BOND FUND 0 580,000 580,000

PUBLIC HOUSING FUND 872,112 58,184 930,296

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Fund Balance 1,162,508 60,000 1,222,508

Grants 263,900 30,000 293,900

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

CAPITAL IMPROVEMENTS

FUND

From General Fund 0 60,000 60,000

CAPITAL RESERVE FUND

Fund Balance 200,000 400,000 600,000

LANDFILL FUND 2,854,385 49,822 2,904,207

HOUSING LOAN TRUST

FUND 111,000 71,000 182,000

CHURCH STREET PARKING

FACILITIES BOND FUND 380,000 350,000 30,000

PARKING FACILITIES

BOND FUND (Lot 2) 346,000 230,000 116,000

OFF-STREET PARKING

FACILITIES BOND FUND 0 580,000 580,000

PUBLIC HOUSING FUND 872,112 58,184 930,296

This the 22nd day of June, 1992.

A RESOLUTION OF THE CHAPEL HILL TOWN COUNCIL AUTHORIZING THE MANAGER TO SIGN NECESSARY PAPERS AND TO OTHERWISE REPRESENT THE TOWN IN CONNECTION WITH A MOSQUITO CONTROL GRANT (92-6-22/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager of Chapel Hill is hereby authorized and empowered to sign and execute all papers and documents necessary in connection with the request made to the Division of Environmental Health, North Carolina Department of Environment, Health, and Natural Resources, for aid in the control of mosquitoes. The Manager is further authorized and required to carry out all agreements stipulated in the project application submitted by us to the Division of Environmental Health, North Carolina Department of Environment, Health, and Natural Resources, and to perform other acts that are proper and necessary in connection with the operation of this project. Acts of said person in behalf of said Town of Chapel Hill are in all respects validated, approved and confirmed.

This the 22nd day of June, 1992.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT TO PURCHASE AN ADDITIONAL 3 ACRES OF LAND FOR THE DEVELOPMENT OF THE MORGAN CREEK GREENWAY PARK (92-6-22/R-14)

WHEREAS, the acquisition of an additional 3 acres of land will provide access to, and enhance the development of, the Morgan Creek Greenway Park; and

WHEREAS, funds are available to acquire the 3-acre parcel from revenues received from the N.C. Department of Transportation purchase of road right-of-way and 1989 Parks and Open Space Bonds; and

WHEREAS, the Greenways Commission, the Parks and Recreation Commission, and the Town Manager recommend the purchase of the 3-acre parcel;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to purchase for $50,310, a 3-acre parcel of land for access to and development of the Morgan Creek Greenway Park.

This the 22nd day of June, 1992.

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF AN UNIMPROVED PORTION OF THE MCGREGOR DRIVE RIGHT-OF-WAY

(92-6-22/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares its intent to consider closing the unimproved portion of the McGregor Drive right-of-way as shown on Orange County Tax Map 27Q, and adjacent to Block A, Lots 1 and 1A, which right-of-way is approximately 60 feet wide and 420 feet long; and calls a public hearing at 7:30 p.m., Monday, September 21, 1992 in the Council Chamber of the Town Hall, 306 N. Columbia Street, Chapel Hill, on the proposed closing of said right-of-way.

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to arrange publication and mail of notices of the hearing as required by law.

This the 22nd day of June, 1992.

A RESOLUTION AUTHORIZING THE TRANSFER OF A UTILITY EASEMENT TO THE ORANGE WATER AND SEWER AUTHORITY TO SERVE CLARK HILLS SUBDIVISION LOT #12 (92-6-22/R-17)

WHEREAS, the Orange Water and Sewer Authority (OWASA) requires the dedication and recording of utility easements as part of its approval of water and sewer line extensions; and

WHEREAS, lot #12 of the Clark Hills subdivision cannot accommodate a septic system and does not have a suitable sewer line contiguous to the property; and

WHEREAS, the only suitable location for a gravity sewer line to serve lot #12 is on property dedicated to the Town of Chapel Hill.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute an agreement to transfer and to record such transfer of utility easements on land which is dedicated to the Town as described in the attached drawing.

This the 22nd day of June, 1992.

A RESOLUTION CLOSING A DRAINAGE EASEMENT ACROSS THE REAR OF LOT 27, SECTION 1-A, FRANKLIN HILLS SUBDIVISION (92-6-22/R-18)

WHEREAS, closing this drainage easement would not be contrary to the public interest; and

WHEREAS, the subject drainage easement is unnecessary for existing and/or foreseeable stormwater management needs; and

WHEREAS, there is an existing drainage-way and easement which now adequately handles the storm water run-off in the immediate area.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Council hereby adopts this order permanently closing an existing drainage easement approximately 192 feet long by 30 feet wide located on the rear of lot 27 as shown on the recorded plat for Franklin Hills Subdivision, Section 1-A, said lot also being known as lot 20, block A, as shown on Orange County Tax Map 78; which closure shall be shown on a plat to be provided by the owner of the affected lot, approved by the Chapel Hill Engineering Department and recorded with the Orange County Registrar of Deeds.

This the 22nd day of June, 1992.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(92-6-22/O-6)

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

SECTION I

That Section 21-27 of the Town Code of Ordinances, "No Parking as to Particular Streets" is amended by inserting the following therein in appropriate alphabetical order:

Street Side From To

Deming Road South Franklin St. Wild Iris Lane

Deming Road North Franklin St. A point 200 feet

west of Franklin

St.

Hotelling Ct. East Length of road

SECTION II

That Section 21-27.1(c) "No Parking During Certain Hours" 9:00 a.m. - 4:00 p.m. Monday - Friday is amended by inserting the following therein in appropriate alphabetical order:

Street Side From To

Deming Road North A point 200 Wild Iris Lane

feet west of

Franklin St.

Hotelling Court West Length of road

SECTION III

These ordinances shall be effective on Monday, July 27, 1992.

SECTION IV

All ordinances and portions of ordinances in conflict are hereby repealed.

This the 22nd day of June, 1992.

Council Member Andresen inquired whether the Council was comfortable with the proposed criteria for land acquisition. She inquired whether the criteria were listed in order of importance. Council Member Andresen inquired whether the priorities merited further discussion. Mr. Horton said the resolution proposed that the priorities be referred to the Parks and Recreation and Greenways Commission for additional consideration. Mr. Horton said the proposed priorities could be considered by the Council in September.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION REQUESTING THAT THE PARKS AND RECREATION COMMISSION, THE GREENWAYS COMMISSION, AND THE APPEARANCE COMMISSION REVIEW THE PRIORITY CATEGORIES AND CRITERIA ADOPTED IN 1989 AND RECOMMEND ANY CHANGES IN THE PARKS AND OPEN SPACE LAND ACQUISITION PROCESS TO THE TOWN COUNCIL (92-6-22/R-13)

WHEREAS, the Chapel Hill Town Council appointed the Parks and Recreation Commission, the Greenways Commission, and the Appearance Commission to advise the Council on matters related to parks and facilities, entranceways, greenways, natural areas, and scenic vistas; and

WHEREAS, the 1989 Parks and Open Space Bond funds are designated for these purposes; and

WHEREAS, the Parks and Recreation, Greenways and Appearance Commissions reviewed and recommended the guidelines for land acquisition adopted by the Council in 1989.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests that the Parks and Recreation Commission, the Greenways Commission, and the Appearance Commission review the priority categories and criteria adopted in 1989 and recommend any changes in the parks and open space land acquisition process to the Council by September, 1992.

This the 22nd day of June, 1992.

Council Member Andresen requested additional information on the proposed resolution. Council Member Herzenberg said the tree protection ordinance provided for annual review by the Ad Hoc Tree Protection Committee. He said the committee had done superlative work to date. Council Member Herzenberg noted that a hearing on the tree protection ordinance would be called in the future. Council Member Andresen inquired whether it would be possible to discuss the exemption of residential properties in the future. Mr. Horton said yes. He noted that the staff would make a full report at the hearing.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING TO THE TOWN MANAGER AND PLANNING BOARD DEVELOPMENT ORDINANCE TEXT AMENDMENTS RECOMMENDED BY THE AD-HOC TREE COMMITTEE AND CALLING A PUBLIC HEARING TO CONSIDER THESE CHANGES (92-6-22/R-16)

WHEREAS, the Council enacted the Town's Tree Protection Ordinance in January 1990; and

WHEREAS, the ordinance provided for an Ad-Hoc Tree Committee to review its effectiveness and recommend amendments to the ordinance; and

WHEREAS, the Ad-Hoc Tree Committee has provided to the Council a report detailing their recommended amendments; and

WHEREAS, the Council seeks public comment on the recommendations put forth in this report;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers to the Town Manager and Planning Board these amendments to the Development Ordinance recommended by the Ad-Hoc Tree Committee in its report to Council dated June 22, 1992.

BE IT FURTHER RESOLVED that the Council calls for a public hearing to be scheduled by the Town Manager to consider these changes

This the 22nd day of June, 1992.

Mayor Broun noted that the meeting stood adjourned until 7:30 p.m. on June 23rd. The meeting adjourned at 10:52 p.m.

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

TOWN OF CHAPEL HILL, TUESDAY, JUNE 23, 1992 AT 7:30 P.M.

Mayor Broun called the continuation of the meeting to order at 7:37 p.m. Council Members Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. were in attendance. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Manager Florentine Miller, Public Works Director Bruce Heflin, Fire Chief Dan Jones, Planning Director Roger Waldon and Town Attorney Ralph Karpinos. Noting that the meeting had been continued from last evening, Mayor Broun briefly reviewed the Council's agenda for this evening.

Council Member Brown requested that the Council consider moving the solid waste management planning item up to the first matter for discussion and consideration. Council Member Andresen stated that last night the Council had agreed to proceed with the agenda as originally outlined. Noting that solid waste management planning would be discussed at the end of the Carrboro Board of Aldermen meeting this evening, Mayor Broun suggested that the Council proceed with the agenda in the order previously listed.

Item 8 Southern Small Area Plan

Planning Board Chairperson Bruce Guild said the Small Area Planning Work Group had begun development of the southern small area plan in 1990. Mr. Guild said the proposed plan did not mandate development. He stated that the plan attempted to protect natural areas, encourage use of alternative transportation and a mixture of housing. Mr. Guild noted that the provision of affordable housing and open space were divergent objectives which needed to be balanced. Mr. Guild urged the Council to adopt the plan this evening.

Council Member Andresen inquired about the role of the planning group in the event that the plan was adopted. Mr. Guild said members of the work group could possibly serve in an ex-officio capacity when plans in the area were reviewed. He also stated that group could be helpful in determining the need for rezoning. Council Member Werner congratulated the group for their work. He emphasized the importance of developing a good implementation plan. Council Member Werner suggested that the Manager develop a recommendation in this regard. Mr. Guild said he concurred. Council Member Rimer noted that the overall small area planning process had occurred over a period of seven or eight years. He emphasized the importance of adopting the plan to maintain momentum in the planning process.

Planning Board Member Martin Rody said he carefully reexamined the proposed plan. He expressed concern that the proposed plan did not provide economic development potential. He proposed consideration of development of a research park. Mr. Rody said the proposed focus on residential uses would be too expensive. Council Member Werner inquired about the location of the proposed research park. Mr. Horton said the proposed area was generally in the Mason Farm biological preserve and arboretum. Council Member Capowski inquired about the size of the proposed tract. Mr. Rody said three hundred acres. Council Member Andresen said she preferred to proceed with the initial plan. Expressing her concurrence, Council Member Brown suggested tabling Mr. Rody's minority report. Council Member Werner suggested that additional information was needed on Mr. Rody's proposal. Council Member Herzenberg suggested that more appropriate land might be found to implement Mr. Rody's suggestions concerning economic development. Council Member Wilkerson said he appreciated the report as presented. Council Member Wilkerson stated that he found the report lacking in opportunity for economic development. Council Member Wilkerson said he was a firm believer that the tax base needed to be broadened in terms of economic development. He expressed appreciation for Mr. Rody's report.

Planning Director Roger Waldon briefly reviewed the proposed resolution. He noted that one of the major objectives of the plan was to reduce the reliance on automobiles. Mr. Waldon noted that the Town had received several pieces of correspondence concerning the proposed small area plan. Mr. Waldon said adoption of Resolution 7 was recommended.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 7.

Council Member Capowski inquired about possible future connection of Bayberry Drive. Mr. Waldon briefly reviewed the situation. Council Member Brown inquired whether it would be possible to adopt the proposed plan and discuss the Bayberry situation in the future. Council Member Capowski inquired about the likelihood of future connection of Bayberry Drive. Mr. Waldon stated that the Council had approved a subdivision which proposed access from Bayberry Drive. Council Member Andresen stated additional information was needed about Bayberry Drive before a final decision was made on the matter. Council Member Brown said she preferred to discuss the Bayberry Drive situation in the future. Council Member Werner inquired whether a formal process was required to close a roadway. Mr. Waldon said yes. He said the proposed plan could include a dashed line and a note explaining the Bayberry Drive situation. Mayor Broun emphasized the importance of preserving sensitive environmental land in the area.

Michael Mill, President of the Woods of Laurel Hill Homeowners Association, noted that he had previously expressed concern about the possible severance of access from Bayberry Drive. He noted the importance of adequate access in and out of his neighborhood. Mr. Mill requested that Bayberry Drive not be closed until alternate access was provided. He also requested that Bayberry Drive be shown as a roadway on the proposed southern small area plan. Mr. Mill noted that a number of his neighbors had signed a petition requesting that Woodberry Drive continue to remain open.

Rona Fried-Overholt said the proposed plan was good and imaginative. She emphasized the need for the preservation of greenways and public interest land in the area. Ms. Fried-Overholt said she hoped the Council would adopt the proposed plan.

Trip Fried-Overholt said the proposed plan was an excellent one. Mr. Fried-Overholt said he did not favor severing the connection of Bayberry Drive, since the primary means of access to the Woods of Laurel Hills subdivision was extremely steep. Mr. Fried-Overholt emphasized the importance of preserving the Mason Farm biological reserve.

Alice Gordon said the proposed severance of Laurel Hill Parkway was a good idea. She suggested that the Council consider the Bayberry Drive situation in the future, following adoption of the proposed plan.

Council Member Wilkerson inquired about the location of the rural buffer. Mr. Waldon pointed out the location of the rural buffer. Council Member Brown noted that view corridors had been designated on previous maps of the southern small area. Mr. Waldon stated that the view corridors would be designated on larger maps of the area. Council Member Brown inquired about the possibility of pedestrian underpasses in the proposed village area. Mr. Waldon said this was a possibility, connecting the village and school. Noting that the Manager was proposing a hearing on possible rezoning in October, 1992, Council Member Andresen emphasized the importance of implementing the proposed small area plan. She also emphasized the importance of examining inclusionary zoning and the transfer of development rights.

Council Member Werner inquired about the provision of water and sewer service to the southern area. He asked how the provision coincided with the urban services area. Mr. Waldon said some of the area was environmentally sensitive with the provision of water and sewer service to these areas very unlikely. Council Member Werner asked whether the area could be well protected without annexation. Mr. Waldon said this was correct. Council Member Rimer said the development density exchange proposed by Mr. Rody had some merit in concept. Council Member Capowski expressed appreciation for the Small Area Planning Work Group's efforts. He suggested that the idea of a pedestrian link across Morgan Creek be further explored.

RESOLUTION 7, WITH A FRIENDLY AMENDMENT CONCERNING BAYBERRY DRIVE, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING THE SOUTHERN SMALL AREA PLAN AS A COMPONENT OF THE TOWN'S COMPREHENSIVE PLAN (92-6-22/R-7)

WHEREAS, the Council has constituted a Small Area Plan Work Group to develop a recommended plan for the Southern Area; and

WHEREAS, the Council desired to undertake a planning process to revise the Town's 1986 adopted Land Use Plan for areas within the Urban Services Area to include a plan to show how public facilities could be extended to accommodate new development; and

WHEREAS, the Small Area Plan Work Group has recommended a plan for the Southern Area which balances preservation and development objectives, and provides for land uses appropriate to the area considering the adequacy of public facilities;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Southern Small Area Plan as submitted June 22, 1992 as a component of the Town's Comprehensive Plan, with Bayberry Drive designated by a dashed line on maps, to designate possible future connection.

BE IT FURTHER RESOLVED that the Council directs the Manager to pursue the schedule for implementation outlined in the Discussion Paper, Implementation of the Small Area Plan, dated March 24, 1992; and requests the Small Area Plan Work Group to meet periodically to advise on implementation issues and to monitor progress in carrying out the plan.

BE IT FURTHER RESOLVED that the Council requests that the Orange County Commissioners consider with the Town of Chapel Hill and the Town of Carrboro an amendment to the Joint Planning Land Use Plan incorporating the Southern Small Area Plan for the portion of the Southern area outside Chapel Hill's planning jurisdiction, within the joint planning transition area.

This the 22nd day of June, 1992.

Mayor Broun thanked the members of the work group for their work. Mr. Guild introduced members of the work group and thanked the Council for adoption of the resolution.

Item 9, concerning the Orange Water and Sewer Authority (OWASA) Capital Improvements Program was postponed to the Council's July 6th meeting.

Item 10 Solid Waste Management Planning

Council Member Rimer said the Landfill Owners Group was recommending the development of a scope of work for solid waste management planning. He noted that a professional consultant could explore technology matters. Council Member Rimer stated that discussion of regional solid waste management plan had started in 1978. Council Member Rimer said he felt strongly about the need to examine technology issues such as refuse-derived fuel and materials recovery facilities. He emphasized the importance of identifying options which were not viable locally. Noting that the scope of the proposed study was uncertain, Council Member Rimer stated that the original budget for consultant services was $117,000. Council Member Rimer said the Landfill Owners Group was seeking permission to further develop a scope of work for solid waste management planning.

Council Member Andresen inquired how the consultant's work would meld with the efforts of citizen committees. Council Member Rimer said the consultant could provide support and detailed information to committees. He added that the consultant would be asked to undertake some very specific tasks such as technology-based approaches. Council Member Rimer said the Landfill Owners Group would bring back a recommended plan of action to local government bodies for possible implementation. Council Member Andresen inquired when the scope of work would be developed. Council Member Rimer said if the Council voted to take the document to the Landfill Owners Group, the Group would hold a meeting later in July to further develop a work plan. Council Member Chilton inquired whether the scope of work would address matters such as once versus twice-per-week refuse collection. Council Member Rimer stated that collection options would be evaluated as part of the process.

Council Member Werner inquired about the status of discussions between the Landfill Owners Group and Duke University. Council Member Rimer said the Group did not feel comfortable about undertaking formal discussions without approval from local governing bodies. Council Member Werner inquired about the nature of Duke's involvement in the proposed study. Council Member Rimer said Duke University officials had offered to assist with development of the study, a refuse-derived fuel market study and final review of the proposed plan. Council Member Herzenberg said the proposed scope of work did not appear to include the matter of front-yard versus rear-yard refuse collection. Council Member Chilton concurred that refuse collection methodology and scheduling did not appear to be explicitly outlined. Council Member Rimer noted that the major elements of the scope of work were outlined in his memorandum to the Council. He noted that there was little information on how to provide refuse collection service to rural portions of Orange County. Council Member Werner noted that the Council had received a great deal of public input on once versus twice-per-week rearyard and curbside collection.

Council Member Capowski inquired about the effect of construction and demolition wastes on the cost of housing. Council Member Rimer noted that the homebuilders association had been active in suggesting ways to dispose of waste. Council Member Capowski noted the importance of enlisting the aid of area residents in reducing and managing waste. He also emphasized the importance of providing personal incentives to modify behaviors concerning waste production and disposal. Council Member Rimer said a strong effort would be made to build personal involvement into the waste reduction and planning process. He noted that the Council would have an important role in providing leadership in this area.

Council Member Brown presented a proposal based on waste reduction and she noted that waste reduction occurred at the front of the waste stream, while volume reduction occurred at the end of the stream. She briefly reviewed the two approaches, noting that an evaluation of both plans should be made based on selected criteria such as which was more economical, which promoted waste reduction, which helped meet State waste reduction goals and which was most environmentally sound. She stated that such an evaluation would show a plan based on waste reduction would be superior. Council Member Brown emphasized the need to factor in all of the total present costs of solid waste management. She said another consultant was not needed to make recommendations and conduct a study, since a tremendous amount of information was readily available. Council Member Brown noted that source reduction was relatively inexpensive compared to volume reduction. Council Member Brown said that waste reduction enjoyed many advantages over volume reduction. She noted that there was no magic solution to solid waste problems.

Council Member Andresen inquired which one item in the Landfill Owners Group proposal Council Member Brown would like to see changed. Council Member Brown said she would like to see greater detail. Council Member Brown also said she believed the direction of the proposal was wrong. Council Member Andresen inquired whether Council Member Brown believed that a consultant was not needed. Council Member Brown said this was correct. She said the Town staff could provide necessary information and expertise. Council Member Werner said he did not see much difference in the two proposals, other than procedural issues. Council Member Brown indicated that she disagreed.

Betty Maultsby read a statement concerning solid waste management planning, a copy of which is on file in the Clerk's Office.

Sarah Maultsby said Council Member Brown's proposed solid waste management plan was an excellent one. She completed Betty Maultsby's earlier statement outlining concerns about hiring a consultant to develop a solid waste management plan.

Rona Fried-Overholt, a member of the Solid Waste Reduction Task Force, said the group had worked hard and diligently on statistical research supporting Ms. Maultsby's remarks. Ms. Fried-Overholt said that the Town could reduce wastes through simple measures. She expressed concern that the Task Force's recommendations had been excluded from the Landfill Owners Group's report. Ms. Fried-Overholt said that low-tech solutions would be no more controversial than the consultant's report. She suggested that $100,000 be given to the Solid Waste Reduction Committee for its programs.

Trip Fried-Overholt said all speakers at the Landfill Owners Group March 18th meeting had expressed strong support for source reduction. He expressed concern that other communities had expended large amounts of money on volume reduction. He also suggested that the Council further consider the matter at another Council meeting.

David Honigmann requested that the Council not accept the Landfill Owners Group recommendation concerning the hiring of a consultant. He suggested that any consultant be selected through a competitive bidding process. He emphasized the importance of producing less garbage.

Judy Wood said that the League Of Women Voters had studied solid waste matters over a number of years. She noted that the League supported source reduction and use of reusable items. Council Member Werner requested a copy of the League's position on solid waste. Ms. Wood said she could provide additional information.

Jane Sharp emphasized the need for well-advertised public forums on solid waste matters. She suggested that the Town initiate a pay-as-you-throw refuse program. Ms. Sharp also said that recycling bins were needed at all area apartment complexes. She expressed appreciation for the Town's recycling staff. Ms. Sharp added that a number of simple steps could be taken to reduce waste production. She said the Town could be a leader in this area.

Daisy Talvitie strongly encouraged the use of citizen advisory committees to address solid waste matters. She suggested that consultants could possibly be used to collect data. Ms. Talvitie said that volume reduction did not encourage source reduction in any way. She encouraged the Council to require that apartment complexes provide on-site recycling facilities.

Wynn Berg said she supported Council Member Brown's plan.

Lightning Brown said the Council had a lot of opportunities for large tax savings. He encouraged the Council to focus on the front end of the waste stream, with waste reduction and low-technology approaches. Mr. Brown expressed concern that high-tech, expensive approaches were given more attention in the Landfill Owners Group proposal than low-tech approaches. He suggested that the Council proposed answers that would be environmentally and economically effective.

Greg Gangi said he was dismayed that recommendations of the Solid Waste Reduction Task Force citizens had largely been shelved. Mr. Gangi said he was also concerned about the proposed direction recommended by the Landfill Owners Group.

Larry Reid said area residents were knowledgeable and were willing to work on solutions to solid waste disposal problems. Noting that each citizen produced an average of forty pounds of refuse per month, Mr. Reid noted the need to protect natural resources.

Council Member Wilkerson inquired about input for citizen committees. Council Member Rimer noted the importance of citizen input in solid waste reduction and education matters. Council Member Wilkerson said he had some problems with expending approximately $100,000 for a consultant. He noted the importance of clearly defining a scope of work, including input from citizen task forces. Council Member Andresen expressed her concurrence. She also noted that behaviors were very difficult to change. Council Member Andresen said she did not think that changes could be accomplished punitively. She noted that landfills would continue to be needed, since some individuals consume more than others. Council Member Andresen noted the importance of governmental units working together to find solutions. Council Member Andresen said she felt comfortable with the Landfill Owners Group plan if citizens committees were included as an integral part.

Council Member Brown inquired about estimated costs for consulting services provided by Duke University. Council Member Rimer said the two proposed components, market studies for refuse-derived fuel and composting, would be relatively inexpensive. Council Member Rimer stated that the Landfill Owners Group did not feel they could talk to Duke University officials until local governmental bodies had reviewed the matter. Council Member Brown inquired whether $117,500 was sufficient to cover the proposed scope of work. Council Member Rimer said it was difficult to estimate the actual cost of the study. Council Member Brown noted the importance of a broader charge, including greater citizen input. Council Member Rimer noted that a number of speakers had addressed solid waste issues at a recent Landfill Owners Group meeting. He added that a Orange County citizen committee on solid waste had recently been formed. Council Member Capowski inquired about the Town's estimated percentage of the $117,500 for the consultant study. Council Member Rimer said the shares would be proportionate to the amount of waste delivered to the landfill, with the Town contributing thirty-five to forty percent.

Council Member Capowski asked why the Town needed to spend $40,000 on the study. Council Member Rimer noted his belief that less than $117,500 would be needed for the overall study. Council Member Capowski inquired whether the Council was being asked to pass a resolution to take the scope of work and proceed. Council Member Rimer said the Resolution requested that the Landfill Owners Group go to a consultant with a revised scope of work for a reasonable sum of money. Council Member Rimer said the Landfill Owners Group would attempt to negotiate a good contract.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 8.

Council Member Brown said she had been informed several years ago that the Town's share for the study would be $50,000 through Town and County taxes. Council Member Capowski said he assumed the cost would be paid out of the Landfill's Enterprise Fund. Mr. Heflin said the funds remained from another study that had never been performed. Council Member Rimer said the project consultant had been selected on the basis of qualifications, with the price negotiated for the earlier proposed scope of work. Council Member Werner said the proposed scope of work could clearly be modified in the future. Council Member Rimer noted that the modified scope of work would be used to negotiate a contract price with selected consultants. Council Member Werner said the Council appeared to be uncomfortable with the degrees of freedom relative to the amount of the contract. Council Member Werner added that he had no problem with the proposed concept. Council Member Rimer suggested adding the words "and to bring back a contract with a detailed scope of work and price to the three member governments" to the proposed resolution.

Council Member Werner suggested that the Landfill Owners Group initiate negotiations with Duke concerning the study's proposed scope of work. Council Member Herzenberg noted that there was no evidence that the Landfill Owners Group had been created by ordinance or resolution. He inquired who had decided that all decisions of the Landfill Owners Group had to be decided by consensus. Council Member Herzenberg said each of the two papers before the Council had good points, the two could not be reconciled this evening. Council Member Andresen said the matter of the Landfill Owners Group formation stirred-in another level of complexity. She inquired about the mechanism for negotiating between the boards. Council Member Rimer said the Landfill Owners Group would return to the three boards with recommendations in the future. Council Member Werner asked whether the Landfill Owners Group would draft a scope of work, negotiate a price and return for concurrence by the three local governing bodies. Council Member Rimer said this was correct.

Council Member Wilkerson inquired what safeguards were in place to assure that a well-rounded recommendation would be brought back to the local government bodies. Council Member Rimer said the Landfill Owners Group would carefully consider the consultant's credentials in making a recommendation to the bodies. Council Member Brown thanked citizens for their thoughts. She noted that the scope of work dealt with a number of critical issues. Council Member Brown said she did not feel comfortable voting for the draft as presented. She said the technologies outlined in the report were not needed in Orange County.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DELETE SECTION 3 FROM THE PROPOSED SCOPE OF WORK.

Council Member Rimer said it was necessary to have a broad range of detailed technical information to rationally respond to citizen's comments and concerns. Noting that other area agencies had recently completed studies about waste reduction, Council Member Brown suggested that some of these studies could be used as resource tools focusing on the front of the waste stream. Council Member Andresen said she favored taking out section three. She also suggested sending the matter back to develop a consensus recommendation by the Council. Council Member Rimer said he would welcome help at the Landfill Owners Group meeting in hashing out the final scope of work.

Council Member Werner said it was unfortunate an effort to regionalize waste reduction efforts had been unsuccessful. He inquired whether the Town would possibly examine participating in large regional facilities of other local governments. Council Member Rimer said the consultant would provide additional information on options. Council Member Wilkerson said he favored keeping section 3 due to developments in industry and the State legislature. Mayor Broun said he had listened to many comments on the matter. Mayor Broun stated that he had a great deal of confidence in Town staff and Landfill Owners Group representatives. Mayor Broun also stated that he shared the view that the scope of work needed fine-tuning. He said the value of the Landfill Owners Group proposal was that it was comprehensive and offered a broad approach. Mayor Broun said he would vote against the amendment and for the proposal.

Council Member Brown said she questioned going ahead with a study and spending money to find out what was already known. Council Member Brown stated that it was questionable whether there was sufficient waste or money to fuel both waste reduction and volume reduction. Council Member Werner suggested leaving in section 3, with a regional emphasis.

THE PROPOSED AMENDMENT, TO DELETE SECTION 3, WAS PLACED ON THE FLOOR. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS BROWN, CHILTON AND HERZENBERG VOTING IN FAVOR.

Council Member Brown inquired about the possibility of putting the scope of work out for bid rather than to a pre-selected consultant. Council Member Rimer said the consultant had been chosen on the basis of qualifications. Council Member Wilkerson said he hoped that existing information could be used, rather than paying for additional information. Council Member Rimer said the Landfill Owners Group would ask the consultant to identify the cost of proposed technologies.

Council Member Brown noted that if three women with views similar to her own served on the Landfill Owners Group, the Council might be considering strictly a waste reduction plan. Council Member Rimer noted that the Council had discussed both proposals this evening. Council Member Rimer said he had been pleased with this evening's discussions. Council Member Capowski said he would vote in favor of the Resolution. He emphasized the need to focus on the front end of the waste stream and behavioral changes. Council Member Chilton said the study needed to address the number of refuse collections per week. Council Member Herzenberg said he would vote in favor of the Resolution, so it could be brought back for additional discussion.

RESOLUTION 8, AS AMENDED, WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS BROWN AND CHILTON VOTING NO.

A RESOLUTION ADOPTING A SOLID WASTE PLANNING PROCESS FOR THE ORANGE REGIONAL LANDFILL OWNERS' GROUP (92-6-22/R-8)

WHEREAS, the Town of Chapel Hill requested in November, 1991, that the Landfill Owners' Group develop a report on future directions for long range solid waste management; and

WHEREAS, the Landfill Owners' Group has proceeded to develop a draft of an action plan for long-range solid waste management; and

WHEREAS, the Council desires that Town representatives participate fully in development of this plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the process described in the attached report for developing the solid waste action plan; that the scope of work described in this report, once amended by the Council, the Town of Carrboro and Orange County, is to be adopted; and that the Landfill Owners' Group representatives are authorized to proceed with the development of a detailed scope of work and to bring back a contract with a detailed scope of work and price for concurrence by the three member governments.

This is the 22nd day of June, 1992.

Item 11 Sales Tax Revenue

Mr. Horton briefly outlined possible expenditures for water and sewer-related items.

Water and Sewer Financial Assistance

Assistant to the Manager Greg Feller noted that a petition from Glen Heights residents had been received in the summer of 1991, concerning the provision of water and sewer service. Mr. Feller briefly reviewed a program to assist lower-income families with water and sewer service. He noted that the program would be available to persons making less than eighty percent of the area's median income. Council Member Andresen asked whether the proposed resolution would approve the program. Mr. Feller said yes. Noting that she was very much in favor of the concept, Council Member Andresen said the Council needed to have a full discussion of selection criteria. She inquired whether persons already paying assessments would be ineligible to participate in the proposed program. Mr. Feller said the staff proposed that these persons be eligible retroactively. Council Member Andresen asked whether the OWASA Board had reviewed the proposal. Mr. Feller said no, noting that the OWASA attorney had said OWASA could not provide programs of this type. Council Member Andresen inquired how many residents would be eligible for the program. Mr. Feller said there were 500 to 600 homes in the Town without water and sewer service. Council Member Andresen asked whether it would be necessary to add money to the program in the future. Mr. Feller said this was possible.

Council Member Capowski inquired how much additional money was added for water and sewer programs each year. Mr. Horton said no additional funds were added. Council Member Capowski expressed concurrence with Council Member Andresen concerning the need for additional information on the proposed program. He also noted that some individuals could face water and sewer availability of $15,000 or more. Mr. Feller said there were relatively few situations of this type. He added that limits could possibly be placed on subsidies.

Henry Whitfield expressed concern about upfront OWASA fees for water and sewer service availability. He requested that the Council further examine the appropriateness of availability fees. Council Member Werner requested that staff respond to Mr. Whitfield's concerns. Council Member Andresen inquired about the possibility of instituting a very small minimum charge for water and sewer service assistance.

James McNaull encouraged the Council to have a greater role in the provision of water and sewer service to Town residents. Mr. McNaull said it would cost him about $18,000 to provide water and sewer service to his home. He stated that all people paying assessments for water and sewer service needed some financial assistance. He urged the Council to consider equity matters related to the proposed assistance program.

Bruce Guild, a resident of White Oak Drive, said his neighborhood was the only one in the Town which recently had petitioned and paid for water and sewer service. He urged the Council to adopt the Resolution to provide financial assistance for water and sewer service.

Council Member Andresen said although the program was good in concept, additional attention was needed to address equity concerns. She suggested that the Council consider the matter at a future meeting. Mayor Broun said he would feel more comfortable if the Council considered the matter at a future meeting. He said the program was generally a good idea.

COUNCIL MEMBER ANDRESEN, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER FOR FURTHER DEVELOPMENT.

Council Member Werner inquired about how many people could be helped and the anticipated demand for the program. Mayor Broun said the concept was good. Mayor Broun said greater development of program guidelines was needed. Noting that the amount of money was relatively limited, Council Member Chilton inquired whether there was any way to leverage funds to assist a larger number of families.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (9-0).

Fire Protection

Mr. Horton said fire personnel were concerned about the inadequacy of fire hydrants in some areas of the Town. Fire Chief Dan Jones noted that a survey of fire hydrants around the Town had been recently conducted. He stated that the Town's fire pumpers most effectively dealt with a maximum distance of one thousand feet between hydrants and structures. Chief Jones reported that the survey identified the need for one hydrant's relocation and installation of twenty-one hydrants at eighteen locations around the Town. He added that fire personnel would survey hydrants at area apartment complexes and on the University campus over the summer. Chief Jones said the Manager recommended adoption of the Resolution before the Council.

Council Member Herzenberg related an anecdote about installation of a fire hydrant in his neighborhood.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 10.

Council Member Rimer said he was glad that the survey of fire hydrants had been thorough. He encouraged the staff to carefully evaluate OWASA's costs for hydrant installation. Mr. Horton said staff would do so. Noting that he owned property in the area of one of the proposed hydrant locations, Council Member Wilkerson requested to be excused from voting on the matter. The Council concurred with the request.

Council Member Capowski said he did not realize that fire hydrants were worth $10,000 each. He inquired who was responsible for maintaining hydrants. Mr. Horton stated OWASA maintained hydrants. Deputy Chief Bobby Williams said no annual fee was paid. Council Member Werner inquired what could be done in instances were distances to hydrants exceeded one thousand feet. Chief Jones said insurance carriers could be advised of these situations. Mr. Horton noted that a number of large structures in the Town were quite distant from fire hydrants. Council Member Werner asked who repainted and maintained fire hydrants. Mr. Horton said OWASA.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 8-0, WITH COUNCIL MEMBER WILKERSON EXCUSED.

A RESOLUTION AUTHORIZING INSTALLATION OF FOR FIRE HYDRANTS AND RELATED WATER LINES (92-6-22/R-10)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby authorizes the Manager to spend up to $230,000 for installation of fire hydrants and related water lines as discussed in the Manager's report to the Council on June 22, 1992.

This the 22nd day of June, 1992.

Item 11.1 Financial Futures Task Force

Mayor Broun briefly reviewed the task force's proposed mission. Mayor Broun noted that he had carefully reviewed the matter with Town and Institute of Government staff. Council Member Andresen inquired whether a Mayor's Committee was proposed. Mayor Broun said yes. Council Member Andresen noted that the Council normally made suggestions on membership on mayor's committees. She suggested that the committee bring its assumptions to the Council for future discussion. Mayor Broun said he would accept this as a friendly amendment. Council Member Andresen said the task force would be helpful in the budget development process. Council Member Rimer said the task force would instrumental in examining broad long-term budget issues. Council Member Capowski said the task force formation was an excellent idea.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 10.1 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING THE WORK OF A FINANCIAL FUTURES TASK FORCE FOR THE TOWN OF CHAPEL HILL (92-6-22/R-10.1)

WHEREAS, the Town of Chapel Hill has the need to plan for financial stability in the future, and a special duty to do so in the interest of citizens who rely on the Town for continuation of basic services; and

WHEREAS, successful planning requires an understanding of forces that influence the Town's costs and revenues, which of these factors have the most effect on the Town, and which are under the Town's control; and

WHEREAS, as the body which makes policy decisions, the Council has a special need to anticipate and prepare for the financial aspects of the Town's future;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the work of the Financial Futures Task Force based on the following charge:

(1) Studying the Town's budget to identify:

The principal drivers of the Town's revenues and expenditures.

External forces outside the Town's control which influence the Town's budget.

Policy issues under the Town's control which influence the budget.

(2) Developing a model for projecting revenues and costs over five-year periods under alternative assumptions, and making one or more five-year financial projections as the key product of the Task Force's work. This process would include:

Consulting local experts on the economic environment and revenue projections.

Choosing a small set of scenarios (assumptions about trends in revenue and expenditure drivers and local policy options).

Choosing an approach to computation by using or modifying existing software.

Revising the assumptions and the financial model after an initial test run of projections.

Exploring ways to summarize and present the results based on the alternative scenarios.

Reviewing the projections and scenario results with people familiar with the Town's budget to see whether the model provides useful insights.

Bring to the Council assumptions for feedback at a preliminary stage of the process.

(3) Submitting a report on the work of the Task Force to the Council and the community in January, 1993, as a prelude to the Council's budget deliberations and process from January through June, 1993.

This the 22nd day of June, 1992.

Item 13 Information Reports

Council Member Brown inquired whether it was correct that noise abatement measures at the University boiler plant would not be completed until January, 1993. Mr. Horton noted that some noise abatement devices had been installed. Council Member Brown asked whether the Town could do anything else to help. Mr. Horton said he did not know of any direct action to take to reduce noise. Council Member Capowski inquired about actions taken to address lighting concerns. Mr. Horton said the University had taken some steps to address lighting concerns. Council Member Capowski inquired about the status of compliance with special use permit conditions. Mr. Horton noted that the deadline for compliance with all conditions of the Special Use Permit was June 9, 1994.

The regular meeting stood adjourned at 11:41 p.m.

Mayor Broun noted that a report would follow the Executive Session.

Item 14 Executive Session

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADJOURN THE EXECUTIVE SESSION AND MOVE BACK INTO THE REGULAR COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO AUTHORIZE THE ACCEPTANCE OF TITLE TO AN ADDITIONAL PARCEL OF LAND FROM CULBRETH PARK ON THE NORTH SIDE OF CULBRETH ROAD ADJACENT TO LAND TO BE PURCHASED FROM CULBRETH PARK UNDER PREVIOUS COUNCIL APPROVAL, SAID PROPERTY TO BE ACQUIRED AT NO COST TO THE TOWN. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The session concluded at 11:52 p.m.