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

TOWN OF CHAPEL HILL, MONDAY, NOVEMBER 8, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Barbara Powell, Alan Rimer and Arthur Werner. Council Members Joe Capowski and Mark Chilton were absent excused. Also in attendance were Council Members-Elect Pat Evans, Lee Pavao, Jim Protzman and Rosemary Waldorf, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Appointment to Council

Mayor Broun noted that at its September 27th meeting the Council had indicated its intent to appoint the non-incumbent receiving the greatest number of votes in November 2nd election to fill the Council's vacant seat. Mayor Broun noted that Ms. Rosemary Waldorf was the top vote-getter in the Council election.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER POWELL TO APPOINT MS. WALDORF AS A COUNCIL MEMBER. THE MOTION WAS ADOPTED UNANIMOUSLY (6-0).

Mayor Broun administered the oath of office to Ms. Waldorf. On behalf of the Council and himself, Mayor Broun welcomed Ms. Waldorf to the Council.

Item 3 Hearing on Proposed Transportation Improvements Program

Mr. Horton said this evening's hearing was being held to reduce the number of Council meetings and to meet the Transportation Advisory Committee's schedule on program priorities. He added that the Transportation Board would review TIP priorities in the near future.

Planning Director Roger Waldon said this evening's hearing was one step in a long process. Mr. Waldon said recommended TIP priorities would be presented to the Council at their November 22nd meeting. He stated that the staff's general philosophy was to put transit system improvements at the top of the proposed priority listing. Mr. Waldon added that the proposed priorities placed a strong emphasis on selected road improvements and bicycle and pedestrian amenities.

John Sanders, a member of the Kings Mill Homeowners Association, said his wife and he had resided on Sourwood Drive since 1960. Mr. Sanders said area property owners had opposed construction of a bridge across Morgan Creek since the mid-1960's. He added that slopes were steep in the area and sight distances were limited in the area. Mr. Sanders stated that a substantial bridge would be needed to withstand flooding in the Morgan Creek area. He requested that the Council not approve the suggested feasibility study for a bridge across Morgan Creek to connect Ashe Place and the Arboretum.

Transportation Board Chair Richard Franck said the Board was especially concerned about the proposed Weaver Dairy/Sage Road project. He suggested that the project could be moved down the priority listing in favor of other transit, pedestrian and bicycle projects. Mr. Franck said a number of other roadway projects such as the intersection of Erwin Road and U.S. 15-501 could be moved up on the listing. Mr. Franck said the Transportation Board hoped to present its final priority recommendations to the Council on November 22nd.

Council Member Andresen requested that the Transportation Board make specific recommendations concerning the proposed Morgan Creek bridge project. Mr. Franck said the Board would do so. Council Member Powell inquired about Transportation Board discussions with the school district. Mr. Franck said discussions had focused on carpooling and other alternative transportation means.

Joan Bartel said she was pleased that sidewalk improvements were high on the proposed priority listing. Ms. Bartel also suggested that priority be given to improving sidewalks along older thoroughfares.

Larry Booth said he concurred with Mr. Sanders concerns about the possibility of a bridge crossing Morgan Creek. He expressed concern that such a bridge would generate additional traffic, escalating neighborhood security and privacy concerns.

Council Member Andresen noted that South Columbia Street might be expanded to three or four lanes in the future including sidewalks. Mayor Broun noted that the widening of South Columbia Street was the second priority on the proposed TIP project list. Council Member Andresen said it was uncertain whether the Department of Transportation would accommodate anything less than a five-lane roadway. She also suggested the possibility of a meandering sidewalk through woods in the South Columbia Street area. Noting that she was inclined to agree with the staff's preliminary recommendation to downgrade the proposed Estes Drive Extension feasibility study, Council Member Andresen requested that the staff's follow-up report include additional comment on the recommendation.

Council Member Andresen said some sort of reliable bicycle/pedestrian connection across Morgan Creek was needed in the Ashe Place area. She also said the Town needed to consider short and long-term roadway solutions relative to the Weaver Dairy/Sage Road area. Council Member Andresen stated that the project location maps in the staff's report were very useful.

Council Member Werner concurred that the project location maps were a good tool. He stated that priorities four and six on the staff's preliminary roadway improvement listing needed to be reversed. Council Member Werner said prompt improvements were necessary at Erwin and Weaver Dairy Roads. He added that bicycle and sidewalk improvements were also needed from Old Oxford Road to Dobbins Drive. Council Member Werner requested that the staff's follow-up report contain a rationale for the proposed Morgan Creek bridge feasibility study.

Mayor Broun said he concurred with Council Member Andresen's view that a non-vehicular bridge was needed in the Morgan Creek area to handle bicycle and pedestrian crossings.

Council Member Brown requested additional information concerning the connection of the Southern Village bicycle lane to South Columbia Street. Mr. Horton said the bicycle lane would terminate at Purefoy Road. Council Member Brown inquired about the possibility of a future bicycle lane connection to Franklin Street. Noting that the Southern Village developer was responsible for the bike lane only to Purefoy Road, Mr. Horton said a future connection to Franklin Street was feasible. Council Member Brown noted her concern about the possibility of South Columbia Street becoming a five-lane north/south thruway through the Town. She suggested that bicycle and sidewalk improvements were a good idea in the Cameron Avenue and South Columbia Street area.

Council Member Waldorf said the Town needed to work with Department of Transportation staff to develop South Columbia Street improvements involving less than five lanes. Noting the importance of providing adequate emergency vehicle access to the UNC hospitals complex, Council Member Waldorf said South Columbia Street roadway improvements should be remain high on the project priorities list.

Council Member Powell requested that the staff's follow-up report contain greater detail on the staff's individual project recommendations. Mr. Horton said staff would do its best to explain its rationales.

Council Member Rimer inquired about the impact of the proposed Sage Road extension on the Erwin/Weaver Dairy Road intersection. Council Member Werner said the proposed Sage Road extension would be helpful in decreasing traffic volumes at the intersection of Erwin and Weaver Dairy Roads. He added that the Erwin Road/Dobbins Drive/U.S. 15-501 area would likely continue to have traffic problems.

Mayor Broun noted that the Department of Transportation would not provide financial assistance for free-standing sidewalk projects. He added that federal funds, with a 20% local match, might possibly be used for some sidewalk projects. Council Member Brown inquired about the possibility of future sidewalk funding from the Department of Transportation. Mayor Broun stated that there would be direct local control over bicycle and sidewalk funding by 1997. Council Member Brown inquired about the delay in such funding availability. Mayor Broun said this was part of a compromise agreement whereby project tradeoffs were made with the City and County of Durham.

Council Member Powell expressed appreciation for the maps included in the staff's memorandum to the Council.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 4 Petitions

Mayor Broun noted that Council Members-Elect Pat Evans, Lee Pavao and Jim Protzman were in attendance at this evening's meeting. He suggested that the Council consider taking citizen comments and acting on consent agenda items 14f, h, l and m as part of the petition portion of the meeting. Mr. Horton said a local business operator had requested that item 14g be postponed until November 22nd. There were no objections from the Council. Council Member Werner requested that item 14e be removed from the consent agenda for discussion.

Laurie Whitlan, a member of the Student Bicentennial Planning Committee, said the Committee was proposing a joint community service project with the Town. She expressed appreciation to the Council for its support of the project proposal. Ms. Whitlan stated that the Committee was proposing a project at the South Estes Drive public housing neighborhood.

Mimi Courtney, representing the Campus Y, said she had been volunteering at the South Estes Drive neighborhood since 1987.

Laura Elliott said the Committee was committed to a lasting project which would serve the community for many years.

Joanne Shirer said the South Estes Drive neighborhood formerly had supervised childrens' programs at its community center. Ms. Shirer stated that the community's residents needed an improved image of their community. She also said the Residents Association supported the Campus Y's efforts to organize activities at the South Estes Neighborhood Community Center.

Council Member Werner inquired what was being requested of the Town. Ms. Whitlan said the Committee intended to work with Town staff on a community service project. Mayor Broun suggested that the matter be forwarded to the staff to draft a resolution of support. Mr. Horton noted that Assistant Town Manager Miller was working with the Student Bicentennial Project Committee on its proposed programs.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Andresen inquired how many hours were spent tutoring students. Ms. Elliott said a group of thirty volunteers had met with students on a weekly basis since 1987. Council Member Andresen expressed appreciation for the group's voluntary efforts.

Council Member Brown requested that staff investigate the adequacy of pedestrian signal crossing time at the intersection of Estes Drive and U.S. 15-501.

Item 14f Eastowne Drive Parking Restrictions

Town Engineer George Small said parking along Eastowne Drive created sight distance problems in the Pinegate Circle area. Mr. Small said he proposed restrictions at certain areas to improve sight distances at driveways.

Brett Bobbitt said residents of Pinegate apartments had difficulty with sight distances along Eastowne Drive. He urged the Council to adopt the proposed parking restrictions.

Council Member Werner said he thought the proposed restrictions were a good idea. He inquired about the extent of parking permitted along Dobbins Drive. Mr. Small said he was not certain whether parking was permitted in the area.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 3, REQUESTING THAT STAFF INVESTIGATE PARKING RESTRICTIONS ALONG DOBBINS ROAD.

Council Member Andresen said Blue Cross/Blue Shield had expressed its support for parking along one side of Eastowne Drive. Mr. Small noted that the proposed restrictions would permit parking on both sides along most of Eastowne Drive.

ORDINANCE 3 WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-11-8/O-3)

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

SECTION I

That section 21-27 "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

STREET	SIDE	FROM	TO
Eastowne Drive	East	U.S. 15-501	A point 800 feet north of U.S. 15-501
Eastowne Drive	West	U.S. 15-501	A point 800 feet north of U.S. 15-501
Eastowne Drive	East	A point 1100 feet north of U.S. 15-501	A point 1300 feet north of U.S. 15-501
Eastowne Drive	West	A point 1100 feet north of Providence Road	A point 1300 feet north of U.S. 15-501
Eastowne Drive	North	A point 75 feet west of Providence Road	A point 75 feet east of Providence Road
Eastowne Drive	South	A point of 75 feet west of Providence Road	A point 75 feet east of Providence Road

SECTION II

This ordinance shall become effective on December 1, 1993

SECTION III

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

This the 8th day of November, 1993.

Item 14h Finley Forest Development Parking Restrictions

Mr. Small briefly reviewed the proposed restrictions, noting that the proposal would provide improved ingress and egress for residents of the Finley Forest area. He added that the majority of area residents thought the proposed restrictions were a good idea. Mr. Small stated that staff had received a letter earlier in the day requesting that proposed restrictions along Summerwalk Circle be reexamined.

Helen Garrison stated that new buildings had been constructed along half of Summerwalk Circle during the last year, necessitating additional parking. She expressed concern that the proposed Summerwalk Circle restrictions would further limit parking in the area. Ms. Garrison requested that proposed parking restrictions for Summerwalk Circle be further investigated.

Council Member Andresen inquired how many parking spaces would be impacted by the proposed restrictions. Ms. Garrison said between 25 and 30 spaces. She suggested that Summerwalk Circle could possibly be made a one-way street.

Council Member Brown inquired about the possibility of the staff reexamining the Summerwalk Circle situation. Mr. Horton said it was possible to do so.

Council Member Powell noted that 85% of area residents favored the proposed restrictions.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT ORDINANCE 5, REQUESTING THAT STAFF DEVELOP ADDITIONAL OPTIONS FOR SUMMERWALK CIRCLE PARKING RESTRICTIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-11-8/O-5)

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

That section 21-27 "No parking as to particular streets" is amended by inserting the following therein, in appropriate alphabetical order.

SECTION I

STREET	SIDE	FROM	TO
Finley Forest Drive	South	Barbee Chapel Road	Brookberry Circle
Finley Forest Drive	North	Barbee Chapel Road	A point 80 feet west of Finley Forest Circle
Brookberry Circle	South	Finley Forest Drive	A point 50 feet west of the intersection
Brookberry Circle	Inner-radius	Finley Forest Drive	Finley Forest Drive
Springberry Lane	West	Finley Forest Drive	Summerwalk Circle

SECTION II

This ordinance shall become effective on December 1, 1993.

SECTION III

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

This the 8th day of November, 1993.

Item 14l Gun Buyback Program Proposal

Mr. Horton said the proposed resolution would authorize the Police Department to participate in a gun buyback program. He stated that the department's role would be to get guns off the street and destroy them.

Diane Bloom said she was intrigued with the idea of a successful gun buyback program. Ms. Bloom stated that many programs around the nation were quite successful in buying back guns and raising citizen awareness. She also presented a brief overview of lessons learned from other gun buyback programs.

Council Member Andresen inquired who was in charge of buyback programs in other communities. Ms. Bloom said this differed by locale, with citizens, law enforcement personnel and other agencies having varying roles.

Mayor Broun asked whether Ms. Bloom had initially been skeptical about gun buyback programs. Ms. Bloom said yes.

Noting the heavy workload of the Police Department's administrative staff, Council Member Waldorf stated that interested citizens could take an active role in the proposed gun buyback program.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 16. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION EXPRESSING APPRECIATION AND AUTHORIZING RECEIPT OF GUNS BY THE POLICE DEPARTMENT AS PART OF A PROPOSED GUN BUY-BACK PROGRAM (93-11-8/R-16)

WHEREAS, Mr. Jim Protzman has proposed a gun buy-back program for January through April, 1994; and

WHEREAS, the goal of the proposed program is to remove guns from the community and thereby to reduce the risk of gun-related incidents including accidents, suicides and theft of firearms; and

WHEREAS, a person who turns in a gun under the buy-back program would not be cited for having a weapon on Town property;

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

1. The Council receives with appreciation the proposal submitted by Mr. Protzman and FGI.

2. The Council authorizes the Police Department to receive guns, issue documents showing receipt of guns, and to dispose of such weapons.

This the 8th day of November, 1993.

Item 14m Pine Knolls Property Acquisitions

Mr. Horton said a proposal to acquire three properties at fair market value had been received from the Pine Knolls Community Association. He noted that Ted Parrish had concerns about the proposal.

Ted Parrish said he appreciated the Council's willingness to work with the Pine Knolls Association in acquiring properties. He requested that the acquisition of two properties on Lincoln Lane be delayed pending receipt of additional information on just compensation. Mr. Parrish stated that prior property appraisals for the Lincoln Lane properties were substantially higher than those cited in the staff memorandum. Mr. Horton said staff had no objection to Mr. Parrish's request to delay acquisition of the two properties on Lincoln Lane.

Council Member Werner said he had no problem with this approach. Council Member Werner stated that he opposed setting just compensation at levels not established by professional real estate appraisers.

Council Member Rimer noted that the typical residential sewer connection cost was $5,000 to $6,000 per home compared to the $2,000 cited for the Lincoln Lane appraisals. Mr. Parrish said the two homes were manufactured housing.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 17, EXCLUDING THE TWO PROPERTIES ON LINCOLN LANE. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 122 JOHNSON STREET (93-11-8/R-17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it has been determined on the basis of an appraisal by Tom Heffner, Appraiser, and a review appraisal by Pam Davis, Appraiser, that the just compensation of the property to be acquired for Community Development program purposes is as follows:

Parcel Interest To Fair Market

No. Owner Be Acquired Value

7.91-A-40 Centura Bank House and Lot $36,000

(122 Johnson St.)

BE IT FURTHER RESOLVED that the Council hereby certifies that to the best of its knowledge, the work of the appraiser, Tom Heffner, and the review appraiser, Pam Davis, has been performed in a competent manner in accord with applicable State and federal law and the policies and requirements of the U. S. Department of Housing and Urban Development; and authorizes the Manager to acquire the property.

This the 8th day of November, 1993.

Item 14e Tobacco Product Vending Machine Restrictions

Council Member Brown noted that Dr. Adam Goldstein requested that proposed vending machine restrictions be stricter than those proposed. Town Attorney Karpinos said he initially recommended that tobacco product vending machines be restricted to establishments selling alcoholic beverages. Noting that there was no basis for such a differentiation, Mr. Karpinos said his revised recommendation was that tobacco product vending machines be permitted in establishments regardless of whether or not they sold alcoholic beverages. Mayor Broun said he agreed that it was difficult to make such a distinction.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE REGULATING THE PLACEMENT OF TOBACCO PRODUCTS VENDING MACHINES (93-11-8/0-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 11 of the Town Code is hereby amended by adding a new Article XV to read as follows:

Article XV. Regulation of the Placement of Tobacco Products Vending Machines.

SECTION 11-140. Findings and Purpose.

The Council does hereby find that:

The purpose of this article is to protect the health and welfare by regulating the placement of tobacco products vending machines.

The sale of cigarettes to minors under the age of 17 years is prohibited by North Carolina General Statute 14-313.

SECTION 11-141. Definitions.

Vending machine means any merchandising machine or dispenser operated to sell or dispense tobacco products.

SECTION 11-142. Sale of Tobacco Products Through

Vending Machines.

Tobacco products may be sold at retail through vending machines only under the conditions named below:

1. Any such machines shall be located in plain view of and shall be under the control of a responsible employee of the establishment.

2. A single vending machine may not be used to sell other commodities in combination with tobacco products.

SECTION 11-143. Signs.

Establishment managers must post a conspicuous sign, at least 5 inches by 7 inches, on or near the vending machine which reads as follows:

The sale of cigarettes to minors under the age of 17 years of age is a misdemeanor punishable by a fine not to exceed five hundred ($500.00) dollars, imprisonment for not more than six months, or both (North Carolina General Statute 14-313).

SECTION 11-144. Enforcement and Penalties.

Any violation of this ordinance may result in a misdemeanor punishable by a fine not to exceed five hundred dollars ($500), imprisonment for not more than thirty (30) days, or both.

Where there is any uncertainty as to the intent or actual meaning of any provision of this article, the Town Manager shall make an interpretation of said provision on request of any person.

SECTION 11-145. Conflict of Laws.

If any portion of this article or the enforcement thereof shall be preempted by any state or federal authority, such preemption shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

SECTION 11-146. Effective Date.

This ordinance shall be effective January 1, 1994.

This the 8th day of November, 1993.

Item 5 Boards and Commissions

Mayor Broun noted that the Council had received a report on the need for recruitment to fill board and commission vacancies. Mr. Horton added that two members of the Cable Television Advisory Committee had recently resigned.

Mayor Broun noted that there were three applicants to fill a vacancy on the Parks and Recreation Commission.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO NOMINATE ALL THREE APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO NOMINATE TERESA WILLIAMS FOR APPOINTMENT CONSIDERATION TO THE PERSONNEL APPEALS COMMITTEE.

Mayor Broun said that all interested persons were encouraged to apply to fill the vacancy.

THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Item 6 Bolin Creek Greenway, Phase II

Mr. Horton noted that interested citizens had worked to assure the proposed trail's aesthetics while the staff had to consider both the project's costs and environmental considerations as well as aesthetics. Mr. Horton said it was reasonable to have differing viewpoints on the matter.

Parks and Recreation Administrative Analyst Bill Webster said there were two trail route options. He noted that staff recommended the sewer easement option rather than the woodlands option. Mr. Webster said the sewer easement option would have little impact on trees and other environmental considerations. He added that the woodlands option would be more aesthetically pleasing.

Council Member Andresen inquired about tradeoffs relative to easement acquisitions. Mr. Webster said this involved many unknown variables and was therefore difficult to judge. Mr. Webster stated that the worst case scenario would involve total legal costs of $48,000.

Leslie Hill, a new homeowner at Village Green condominiums, said she was very pleased with the location of her home. Ms. Hill stated that phase one of the Bolin Creek trail was a thirty-foot wide treeless path with a ten-foot wide paved pathway. Ms. Hill also said she was opposed to having a trail underneath her bedroom window. She requested that the Town examine other options for the proposed trail. Ms. Hill stated that she was very opposed to both trail route options, given their proximity to Village Green and proposed removal of trees.

Jerry Romanowski, a resident/owner of twelve units at Village Green, said the complex provided a tax base in excess of $4 million. Mr. Romanowski said he felt the proposed greenways trail would involve the condemnation of property for questionable purposes. He stated that the safety feature of the condominiums had long been strong appeal to University staff, graduate students and others. Mr. Romanowski said he was very much opposed to a 30 by 900 foot thoroughfare across his front lawn. He expressed concern about the possibility of vandalism and other undesirable activity at Village Green resulting from the location of the greenways trail. Mr. Romanowski requested that the Council consider options other than the sewer easement and woodlands options.

Jerry Galiotti, a Village Green homeowner, said he was especially concerned about the fact that there was no parking within one-half mile of phase one of the trail. He also stated that there appeared to be some confusion about whether the path was to be used for commuting or leisure purposes. Mr. Galiotti said the proposed pathway was located very close to Village Green condominiums. He also expressed concern about the safety of his wife as a jogger along the proposed trail. Mr. Galiotti urged the Council to visit the proposed trail routes and discuss other routing options further.

Susan Hartley, a member of the Bolin Creek Advisory Committee, said the Committee supported the woodlands option. She stated that the sewer easement option had been rejected early in the process as unworkable. Ms. Hartley stated that the Woodlands option would provide a more pleasant setting. She also said many residents of Village Green condominiums supported the woodlands trail option.

Council Member Andresen inquired about the proximity of the sewer easement option to the Village Green condominiums. Mr. Webster said the trail would come within 50 feet of the "C" building. Council Member Werner inquired about the proximity of the woodlands option. Mr. Webster said approximately 75 feet. Council Member Werner inquired whether phase II of the trail would involve a thirty-foot width clearance. Mr. Flink said a clearance of 25 to 30 feet would be needed for phase II of the trail. Council Member Rimer asked why an additional eight to ten feet of width was needed in addition to the ten-foot paved trail width. Mr. Flink said the maneuverability of construction equipment was important. He added that trees beyond the limits of construction would hopefully not be damaged. Council Member Rimer noted that trees two or three feet from a bicycle path along the Potomac River appeared to have adequate protection. He also inquired about the possibility of bridging wetlands along the proposed trail. Mr. Flink said the proposal was to bridge the most critical portion of the wetlands area.

Council Member Andresen said although a long, straight and open trail would allow greater sight distances, it was difficult to imagine people enjoying the sewer easement option more than the woodlands option.

Mayor Broun said he supported the woodlands option for a number of reasons, including the Bolin Creek Greenway Advisory Committee's recommendation. He stated that the pathway could be used for transportation and leisure purposes. Mayor Broun stated that efforts would be made to preserve surrounding neighborhoods as best as possible.

Noting the importance of citizen's committee recommendations, Council Member Brown thanked the Bolin Creek Greenway Advisory Committee for its work.

Noting that it was the Manager's job to give his professional judgement to the Council, Council Member Werner said the woodlands trail option was preferable to the sewer easement option.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 1B. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE BOLIN CREEK CITIZENS ADVISORY COMMITTEE FOR PHASE II OF THE BOLIN CREEK GREENWAY, REALLOCATING FUNDS FROM BOLIN CREEK PHASE III, AND AUTHORIZING THE TOWN MANAGER TO BEGIN THE SPECIAL USE PERMIT APPLICATION PROCESS (93-11-8/R-1b)

WHEREAS, the Council established the Bolin Creek Greenway Advisory Committee for the purpose of making recommendations related to the proposed Phase II of the Bolin Creek trail, and;

WHEREAS, the Bolin Creek Greenway Advisory Committee has made recommendations concerning the location, design, and program of the proposed trail, and;

WHEREAS, the Greenways Commission and the Parks & Recreation Commission have both unanimously approved the recommendations found within the Report, and;

WHEREAS, the citizens of Chapel Hill would benefit from the continuation of the approved Phase I of the Bolin Creek Trail, and;

WHEREAS, the State of North Carolina has appropriated $240,000 in funds for Phase II of the Bolin Creek Trail, and;

WHEREAS, the remainder of the costs associated with trail development could come from already appropriated funds,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to negotiate for the land needed for Phase II of the Bolin Creek Trail, reallocates up to $150,000 in funds from Bolin Creek Phase III, and authorizes the Manager to begin the Special Use Permit application process upon completion of land acquisition, based upon the Bolin Creek Greenway Advisory Committee's recommended Woodland trail route;

BE IT FURTHER RESOLVED that the Council hereby expresses its appreciation to the members of Bolin Creek Greenway Advisory Committee for their work on the plans for Phase II of the Bolin Creek Greenway Trail.

This the 8th day of November, 1993.

Paul Debrecenzy expressed his support for the woodlands option.

Item 7 United Church of Christ SUP Modification

Mr. Horton said there were no serious divisions between the staff and applicants concerning the application. He added that the staff's recommendation have been revised to permit an exception for setbacks. Mr. Horton said adoption of Resolution 2a was recommended.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE UNITED CHURCH OF CHAPEL HILL (SUP-86.E.6 & 12) (93-11-8/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Edwin Bouldin Architect PA, representing the United Church of Chapel Hill, on property identified as Chapel Hill Township Tax Map 86, Block E, Lot 6 and 12, if developed according to the site plan dated July 7, 1993 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 that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsection 13.11.2 of the Development Ordinance to allow 24,470 square feet of floor area.

2. Modification of Subsection 13.8.4 of the Development Ordinance to allow a deficit of 2,162 square feet of open space on the zoning lot.

3. Modification of Subsections 13.9 and 13.11 to allow a deficit of 8 feet of setback on the eastern property line, and 2 feet of setback on the western property line.

4. Modification of Subsection 14.12.6 to allow exemptions from the buffer requirements on the east, south and west boundaries, and north boundary at the Maurice property.

5. Modification of Subsection 13.9 to allow an exception to the height regulations.

6. Modification to Subsection 14.6 to allow an exception to the parking regulations.

7. Modification to Subsections 13.9 and 13.11 to allow an exception to the setback regulation for the covered walkway which extends to the southern property line.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the United Church of Chapel Hill in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 8, 1995 (two years from the date of Council approval) and be completed by November 8, 1996 (three years from the date of Council approval).

2. Required Improvements: That a five foot sidewalk, built to Town standards, material to be determined by the Historic District Commission, be provided along the property frontage on Wilson Street in front of the Interfaith Council House.

3. Dumpster, Type and Location: That the type, location, and screening of the dumpster be approved by the Town Manager prior to issuance of a Zoning Compliance Permit or that the property owner provide private refuse collection.

4. Recombination Plat: That a recombination plat, recombining the two lots that are the subject of this application, shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

5. Agreement with the University for Use of Parking Lot: That the applicant get the agreement of the University to use its parking lot on Sundays and that the agreement include a statement by the University that they will permit restriping of the parking lot to allow for building access and drop-off of passengers.

Stipulations Related to Landscape Elements

6. Landscape Plan Approval: That a detailed landscape plan, which shall include plantings along the eastern boundary to screen the chain link fence, landscape maintenance plan, and lighting plan be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

7. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit; and that the applicant get the written permission of the University to use its parking lot for construction access.

Stipulations Related to Building Elevations

8. Building Elevation Approval: That the applicant obtain a Certificate of Appropriateness from the Historic District Commission prior to issuance of a Building Permit.

Stipulations Related to Water, Sewer and Other Utilities

9. Fire Hydrants: That the applicant provide certification that piping for fire protection provides a minimum residual pressure of at least 20 psi when 2,500 gpm of fire flow is withdrawn from any hydrant.

10. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

11. 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.

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

13. 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.

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

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

16. 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 Special Use Permit for the United Church of Chapel Hill in accordance with the plans and conditions listed above.

This the 8th day of November, 1993.

Item 8 Southern Village Apartments SUP

Mr. Waldon said the plan was to construct 250 apartment units on the Southern Village site in accordance with the project's approved master plan. Mr. Waldon stated that although the project's streets would initially be private streets, they would hopefully become public streets in the future. He added that Resolution 3a had been modified to eliminate angled street parking.

Mr. Waldon said a second issue was the amount of greenway improvements along Fan Branch. He noted that the project's master plan called for the development of a greenway across Morgan Creek. Mr. Waldon stated that the applicant had previously said it was an unreasonable burden to require greenway improvements in conjunction with construction of the apartment units. He stated that staff was recommending that the applicant make both greenway and bike lane improvements. Mr. Waldon said adoption of Resolution 3a was recommended.

Council Member Andresen said she was especially concerned about the number of automobile trips generated by the apartments and additional impacts on U.S. 15-501. Mr. Horton noted that the Department of Transportation was interested in widening U.S. 15-501 to a five-lane cross-section. He emphasized the importance of examining lesser alternative widths for this roadway. Council Member Andresen asked whether the situation was at a standoff. Mr. Horton said no, stating that it more of a push/pull situation. Mayor Broun noted that the Transportation Advisory Committee was still working on specific for area roadways. Council Member Andresen inquired about the estimated number of trips to be generated by the apartments. Mr. Waldon said several thousand trips per day would likely be generated by the 250 apartment units. He stated that the developer had been required to provide a traffic signal and turn lanes at the two main entrances to Southern Village. Noting that roadways in the Southern Village area were already crowded, Council Member Andresen said additional alternative transportation modes needed to be explored.

Council Member Werner said there was no way to know whether the entire Southern Village project would ever be built out. He inquired about the extent of required active recreation improvements. Mr. Waldon said a swimming pool would be required. Council Member Werner inquired about the possibility of requiring a greenway and bikeway path without a bridge across Morgan Creek. Mr. Waldon said the staff's emphasis had been on the possibility that only the apartments phase might be constructed. He stated that the ultimate solution was to cross Morgan Creek with a pedestrian bridge. Council Member Werner said the proposed conditions of approval did not meet his personal criteria for addressing alternative transportation.

Council Member Brown inquired about mass transportation plans for the area. Mr. Waldon said the next item on the evening's agenda was the proposed southern park and ride lot. He stated that a bus route to the southern park and ride lot would be in place as soon as feasible. Council Member Werner asked whether the Southern Village apartments or park and ride lot would be constructed first. Noting the need to assure good road conditions for buses, Mr. Horton said it was likely that the park and ride lot would likely be the first to be completed. Council Member Rimer inquired whether it was correct that any new developers would need to receive Council approval for any changes to the master plan. Mr. Waldon said this was correct. Council Member Brown inquired what would happen if no construction occurred beyond the apartments. Mr. Waldon said if Resolution A were adopted and nothing was built in addition to the apartments, the developer would only need to meet the conditions of Resolution A.

Council Member Werner inquired what recreation facilities were proposed. Mr. Bryan said a swimming pool and two playgrounds were proposed. Council Member Werner asked whether a basketball court or half-court was proposed. The applicant, D.R. Bryan, said no. Council Member Waldorf inquired about proposed playground facilities. Mr. Bryan said swing facilities would be provided.

Mr. Bryan said he had no control over permitting of the proposed pedestrian bridge from Culbreth Road to Purefoy Road. Council Member Werner inquired whether staff could work out permit timing concerns with the applicant. Mr. Horton said the staff would be glad to work with the applicant on this matter.

Council Member Andresen inquired about public access to green areas. Mr. Waldon said the applicant was not prepared to designate public greens within a private apartment complex. Council Member Rimer said he would be hard pressed to give up tax revenue derived from the green areas.

Council Member Powell inquired about proposed project timing. Mr. Bryan said each building contained 24 units and a building would be completed every two to four weeks. Council Member Powell inquired about the estimated timeframe for the completion of 500 units, the trigger for constructing major drainage facilities. Mr. Bryan estimated that it would take 18 months to complete the 250 apartment units and 250 other units in the Southern Village.

Council Member Werner asked whether the applicant was willing to provide a basketball court. Mr. Bryan said he preferred not to. Council Member Werner asked why. Mr. Bryan said noise on basketball courts had been a problem at other apartment complexes.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 3A, AS AMENDED.

Council Member Andresen asked whether other approvals would be sought prior to completion of the apartments. Mr. Bryan said 120 homes in the northeast tract would be the next phase to be constructed. Council Member Andresen requested that the staff provide traffic estimates to the Council at a suitable point in the future. Mr. Horton suggested that traffic matters could be revisited when the next special use permit was requested.

RESOLUTION 3A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE SOUTHERN VILLAGE APARTMENTS (SUP-126-A-4) (93-11-8/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Bryan Properties, on property identified as Chapel Hill Township Tax Map 126, Block A, part of Lot 4, if developed according to the Southern Village Master Plan, Sheet MP-1, stamped "received March 2, 1993", the site plan dated July 1, 1993, 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;

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 that the Town Council hereby approves the application for Special Use Permit for the Southern Village Apartments in accordance with the plans listed above, the Master Land Use Plan for the Southern Village, and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 8, 1995 (two years from the date of Council approval) and be completed by November 8, 1997 (four years from the date of Council approval).

2. a. That the main north-south "spine" road (Road D) shall be a public street built to Town standards.

b. That all private streets be designed, constructed, and inspected as if they are to be public; and that surety instruments be provided as necessary to ensure the streets meet Town performance standards.

3. That the development shall be limited to 250 dwelling units with at least 418 off-street parking spaces. Approximately 54 on-street parking spaces (all 12 angled spaces and approximately 42 parallel spaces near the intersections) shall be removed so that the plans are in accordance with Town standards and regulations regarding public street and on-street parking. Any parking provided above the minimum Town requirement of 391 spaces is intended to be shared with the Village Core office and retail developments.

A parking lot of at least 8 spaces shall be provided off-street for the clubhouse/office building.

4. Stormwater Management Plan: That a general stormwater management plan for the entire site be submitted for review with the final plans for the first phase of development. A detailed stormwater management plan, based on the Town's Hydros program, shall be submitted with the Apartment District Final Plans application for approval by the Town Manager. Stormwater management plans shall be approved by State and federal agencies if so required.

(Cross-reference: Stipulations # 7p and # 8 also pertain to stormwater management.)

5. Ownership and Responsibilities of Common Areas: That an owners' association be created for the maintenance and regulation of the private (residential, recreational, parking, streets, alleys, and landscape) areas if the development will be owned by more than one entity. The owners' association or property owner must be part of the overall owners association for the entire 312 acre development to be established per the requirements of the Southern Village Master Plan.

6. Water and Sewer Line Extensions: That preliminary utility extension plans be reviewed and approved by OWASA as part of the final plans for the first phase of development. Thereafter, prior to issuance of a Zoning Compliance Permit for any phase of development, OWASA and Town Manager approval of detailed phase-specific utility extension plans must be obtained. The plans may include water and sewer line construction both off-site and on-site.

Where possible, sewer lines shall be located out of the common recreation space system and placed under nearby streets.

7. Required Improvements:

a.That one-half of a 120-foot right-of-way along the Highway 15-501 frontage be dedicated, with additional right-of-way dedicated at the Southern Village project entrances off Highway 15-501 if determined to be necessary by the Town Manager. The dedication shall occur prior to issuance of a Zoning Compliance Permit for the first phase of development.

b.That the developer install a traffic signal, or provide a signal payment-in-lieu to the Town for the intersection of Highway 15-501 at the proposed southern entrance to the village. The signal must be installed or payment-in-lieu made by the developer prior to issuance of a Zoning Compliance Permit for any phase of development using this intersection for primary access.

c.That the developer add a left turn lane and a right hand deceleration/turn lane on Highway 15-501 at the southern entrance into the village from Highway 15-501, subject to NCDOT approval.

d.That three lanes be provided at the southern entrance off Highway 15-501 - one lane into the development, one lane for right turns onto Highway 15-501, and one left turn lane onto Highway 15-501, subject to NCDOT approval.

The right-of-way and pavement width at the southern entrance shall be wide enough to accommodate an additional left turn out onto Highway 15-501 at the southern entrance.

e.That a 5 foot sidewalk be installed on both sides of each public street and each private drive, except the private drive adjacent to the landscape bufferyard in the southeast portion of the site. This area shall have a 5-foot sidewalk on one side of the drive. Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.

f.That the applicant provide portions of an asphalt pedestrian/bicycle path, sections of which would be within the greenways and recreation areas along Wilson Creek and Fan Branch, and along Morgan Creek in accordance with the approved Master Land Use Plan. The Greenway shall be deeded and dedicated to the Town.

Asphalt paths shall be provided in accordance with the approved Master Land Use Plan from the main curve in the section of Fan Branch bordering the Northeast Tract (approximately the midpoint of the western border of the Northeast Tract), extend beyond the northern property line to Culbreth Road.

The path shall then cross Culbreth Road (either surface crossing or below grade crossing) and continue north to Morgan Creek, as shown on the approved Master Plan. When all regulatory approvals have been obtained, a bicycle (pedestrian bridge shall be built across Morgan Creek. The asphalt path shall be built along the north side of Morgan Creek, underneath US 15-501, and up the bank on the east end of US 15-501 to connect to US 15-501/South Columbia Street.

A paved path suitable for bikes and pedestrians along US 15-501 and South Columbia Street shall be extended from the US 15-501 Morgan Creek bridge north approximately 600 feet to Purefoy Road, subject to approval by NCDOT, and subject to approval by private property owners, if applicable.

The location, width, and design/construction standards for the paths are to be approved by the Town Manager.

The existing footpath is to be maintained in such a manner that it may serve as an interim bicycle/pedestrian path from the southern end of the asphalt path to the Apartment District; until the asphalt path is extended southward with a subsequent phase of development in the Northeast Tract.

g.Property owners' association(s) shall be responsible for the management and maintenance of the yard waste/compost site(s), until such time as both the association and the Town agree to the Town taking on same responsibilities.

h.That a play area with play equipment be provided at the northeast common recreation space for young children. The play equipment is to be approved by the Town Manager.

i.That the two areas labelled on the plans as "public greens" be legally accessible to all residents within the overall Southern Village development. These areas shall be privately owned and maintained.

j.That adequate transit stops, with benches and possibly shelters, be provided at locations to be approved by the Town Manager or a payment-in-lieu made for the required shelters/benches/pads if determined to be desirable by the Town Manager. The Town Manager shall approve the payment-in-lieu amount if the payment-in-lieu option is acceptable to the Town Manager. The Town Manager, as subsequent Special Use Permit applications are reviewed, shall determine the number and location of transit stops to be located within the site as more is learned about the use of future buildings and potential transit needs.

k.All internal drives shall be built to Town Standards. If, in the future, the parking regulations are adjusted in the Town's Development Ordinance, and if the apartment complex parking lots provide adequate or excess parking spaces such that on-street parking is unnecessary for provision of apartment parking, the internal streets may be offered to the Town for dedication as public streets.

l.That appropriate access easements and maintenance agreements be approved and recorded prior to issuance of a Zoning Compliance Permit.

m.That play equipment, benches, and or picnic shelters be provided in the common recreation spaces, with type, number and location to be approved by the Town Manager.

n.That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phase(s). Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development.

o.That traffic control signage and pavement markings conform to the standards in the Manual of Uniform Traffic Control Devices (MUTCD). The Developer shall be responsible for maintaining the signs until the development is annexed by the Town.

p.That a wet detention basin and/or other stormwater management facilities be provided in accordance with Condition #8 below, and with all applicable Town regulations, including the Town's Watershed Protection District regulations, State regulations, and federal (FEMA) regulations.

8. Building Threshold for Permanent Detention Basin Installation:

a. That after the impervious surface or building threshold (500 units or 24% impervious surface, whichever occurs first) has been reached for the entire Southern Village development property covered by the Master Land Use Plan approval, no additional building permits shall be issued for any part of the Southern Village until adequate stormwater management/water quality protection measures have been completed in compliance with all then applicable local, State, and federal regulations. For the purposes of calculating this threshold, 1,000 square feet of nonresidential floor area shall constitute a "unit". A note to this effect shall be placed on all final plats and plans.

b. The developer shall submit a monitoring plan and data for totalling the "unit" number and impervious surface area as each building permit application is submitted to the Town Manager. The monitoring plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development in the Southern Village.

c.For every unit, the developer shall set aside $500 in an escrow account for the pond construction. For the purposes of the fund calculations, each dwelling unit and each increment of 1,000 square feet of non-residential floor area would count as a "unit".

d.Once 500 "units" have been constructed, the pond shall be constructed to accommodate buildout of the entire Southern Village site.

9. Design-Related Stipulations: The following revisions/additions shall be incorporated into the applicant's TND Design Guidelines. A revised copy of the Guidelines shall to be submitted to Town's Planning Department, and shall supersede the original set of guidelines. The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development. Subsequent revisions may be reviewed by the Town Manager.

a.Landscape protection measures shall be to Town standards. The Town Manager may review and approve other methods on a case by case basis.

b.Include specific street construction standards and materials; maximum slopes and vertical curve data; curb type; drainage methods; and typical cross-sections.

c.Address landscaping of street side slopes and traffic islands.

d.Address lighting of streets and alleys.

e.All alley/street intersections must be at least 100 feet apart. The Town Manager may approve narrower separations on a case by case basis.

f.No alleys shall intersect a street at a point where the street slopes over 15%.

g.That all driveway locations, for residential and non-residential uses, be reviewed for approval by the Town Manager.

h.Provide more specifics on the provisions for refuse and recyclable storage; pads; access; and other solid waste management issues.

i.That all signage shall be reviewed for approval by the Town's Appearance Commission.

j.That the building setbacks for the perimeter of the 312-acre site be in accordance with Subsection 18.8.9.4 of the Development Ordinance.

k.That speed limits and on-street parking on public streets be regulated by the Town Council.

10. Recreation Space Requirements for Residential Components:

a. That recreation space of sufficient area and type, according to Article 13 of the Development Ordinance, be provided for the residential components, including amenities such as playground equipment and/or picnic shelters. The plans for the recreation area shall be reviewed for approval by the Town Manager.

The recreation space may be dedicated and deeded to the Town of Chapel Hill for Parks and Recreation purposes only, or to an Owner's Association (to be determined by the Town Manager). The developer remains responsible for the recreation space unless the Town or an Owners' Association accepts the property.

Stipulations Related to the Resource Conservation District

11. Boundaries: That the boundaries of the Resource Conservation District for the entire site be indicated on final plans submitted for the first phase of development. A note shall be added indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance" on this plan and on all plans and plats for subsequent Special Use Permit applications.

12. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval for the subject phase(s) of development.

13. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the applicant is granted administrative exemptions. Encroachments include, but are not limited to:

-street crossings

-pedestrian/bicycle paths along and over the streams

-wet detention basin/stormwater management facility

-utility lines

Stipulations Related to State and Federal Government Approvals

14. State or Federal Approvals: That any required State or Federal permits or encroachment agreements (including but not limited to those needed for improvements to Highway 15-501, for lake and dam construction, for stormwater management and erosion control, and crossings over/under Highway 54, for water and sewer extension, and for development in the Water Supply Protection Area) 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 for the subject phase of development.

15. NCDOT Approvals: That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.

Stipulations Related to Landscape Elements

16. Survey of Rare and Specimen Trees: That a survey of rare and specimen trees, as defined in the Development Ordinance, shall be submitted for review.

17. Landscape Protection Plan: That a detailed landscape protection plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.

The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:

-all required buffers

-all common areas

-building and road construction areas

-other areas, to be determined by the Town Manager.

18. Buffers: That the following buffers be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements that this vegetation will be protected by fencing from adjacent construction:

-Type D buffer (minimum width 75', as measured from the new right-of-way line) along Highway 15-501.

-Type B buffer (minimum width 50') behind the existing residences fronting on Highway 15-501

No utility easements may be included within the buffers, except for necessary perpendicular crossings.

Supplemental plantings may be necessary to fulfill the requirements for buffers, screening of parking lots, and entranceway plantings.

19. Street Tree Plantings: That the developer shall provide street tree plantings in all phases of development where no existing trees are shown as remaining within twenty feet of the curb on the Landscape Protection Plans submitted with final plan applications.

These trees will be installed to Town standards as detailed in the Town's Design Manual.

20. Landscape Plan Approval: That preliminary and detailed final landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be reviewed by the Town Manager and the Appearance Commission for approval prior to issuance of a Zoning Compliance Permit.

21. Plantings along the Highway Frontage: That plantings be provided and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceways Corridors along U.S. 15-501.

Stipulation Related to Building Elevations

22. Building Elevations, Signage, and Lighting Approval: That detailed elevation drawings for the building addition, lighting, and all signage be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Steep Slopes

23. That with final plans, a map we submitted which shows areas, including street segments, on slopes of 10% or more and demonstrates how the development and construction will comply with the steep slopes regulations in the Development Ordinance:

-for slopes of 10-15%, site preparation techniques shall be used which minimize grading and site disturbance;

-for slopes of 15-25%, demonstrate specialized site design techniques and approaches for building and site preparation; and

-for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering/environmental aspects of the site.

The Final Plans application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate.

Miscellaneous Stipulations

24. Solid Waste Management:

a.That a solid waste management plan, including provisions for recycling and for management of construction debris, be designed and submitted with the application for final plan approval.

b.Refuse and recyclable storage and collection shall be in the form of dumpsters and recycling bins, or as otherwise approved by the Town Manager.

c.That the type, location, and screening of the dumpsters and bins be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

25. Fire and Safety: That a preliminary fire hydrant plan and fireflow report for the entire site be submitted with the final plans for the Special Use Permit application for the first phase of development. A detailed hydrant plan and fireflow report for the Apartment District shall be required prior to the issuance of a Zoning Compliance Permit for the Apartment District.

26. 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 these utilities, including cable television, are extended to serve the development.

27. Detailed Plans: That final detailed site 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.

28. Sight Triangles: That sight triangles, revised per Town standards, be shown on the final plans, and that the planting plans respect the necessary sight triangles for safe movement in and out of the site.

29. Erosion Control: That a general soil erosion and sedimentation control plan for the 312 acre site be reviewed by the Orange County Erosion Control Officer with the review of the final plans for the first phase of development. A detailed erosion control plan shall be submitted with the final plan application for the Apartment District for review and approval by the Orange County Erosion Control Officer.

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; 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 Town Council hereby approves the Special Use Permit for the Southern Village Apartments in accordance with the plans and conditions listed above.

This the 8th day of November, 1993.

Item 9 Southern Park and Ride Lot

Mr. Horton said the Town had two distinct roles as owner and developer of the southern park and ride lot. Mr. Waldon presented a brief overview of the proposal.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 4A. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE SOUTHERN VILLAGE PARK AND RIDE LOT (File No. 126.A.4)

(93-11-8/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the park and ride lot, proposed by the Town of Chapel Hill on 356,974 square feet of gross land area in Residential-5-C and Residential-2 zoning districts, identified as Chapel Hill Township Tax Map 126, Block A, part of Lots 4, 4J, 4K, and 20, if developed according to the Southern Village Master Plan, Sheet MP-1, stamped "received March 2, 1993", the site plan dated September 16, 1993, 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, and 14, and 18 and with all other applicable regulations;

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 that the Council hereby approves the application for Special Use Permit for the Southern Village Park and Ride Lot in accordance with the plans listed above, the Master Land Use Plan for the Southern Village, and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by November 8, 1995 (two years from the date of approval) and be completed by November 8, 1996 (three years from the date of approval).

2. That all recorded plans be labelled to show that the reserved livability space within the proposed Southern Community Park boundary can only be used for recreation purposes.

3. Required Improvements (specific to the proposed development):

a.That half of a 120 foot right-of-way be dedicated along the subject property's US Highway 15-501 frontage.

b.That a traffic signal be installed or a signal payment-in-lieu provided to the Town for the intersection of US Highway 15-501 at the proposed southern entrance to the village. The signal must be installed or a payment-in-lieu accepted prior to issuance of a Zoning Compliance Permit for any phase of development using this intersection for primary access.

c.That a left-turn lane and a right-hand deceleration/turn lane be provided on US Highway 15-501 at the southern entrance into the village from US Highway 15-501, subject to NCDOT approval.

d.That three lanes be provided at the southern entrance off US Highway 15-501: one lane into the development, one lane for right turns onto US Highway 15-501, and one left-turn lane onto US Highway 15-501, subject to NCDOT approval.

e.That the center drive aisle of the proposed Lot be built to Town street standards.

f.That a sidewalk be provided along the length of both sides of the center drive which leads to the village core. Street tree plantings shall be placed along both sides of the center drive.

g.That the center drive aisle be constructed of concrete from a point approximately 190 feet from the northernmost boundary of the Special Use Permit area for a distance of approximately 140 feet. This concrete pavement shall be built to the same Town standards as the bus loading/unloading pavement. Alternatively, this area may be constructed of special asphalt designed to accommodate heavy vehicles, to be approved by the Town Manager.

h.That pavement striping or alternate paving materials be used to define pedestrian crosswalks within the parking lot.

i.That bicycle racks be provided in addition to bicycle storage lockers.

Stipulations Related to State and Federal Government Approvals

4. 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.

5. 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

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

7. Landscape Plan Approval for Special Use Permit applications: That a detailed landscape plan, landscape maintenance schedule, and site lighting plan be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall conform to the Entranceways Master Landscape Plan and shall include the following buffers:

- 75-foot wide Type D buffer along the Durham-Chapel Hill Boulevard frontage; and

- 10-foot wide Type B buffer along the southern property line.

Alternate buffers are not permitted with this development.

8. The applicant shall demonstrate that the 35% shading requirement for paved areas, per Subsection 14.6.6(d) of the Development Ordinance, is met before issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and other Utilities

9. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

10. 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.

11. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plan, and landscape maintenance plan be approved by the Town Manager before issuance of Zoning Compliance Permit 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, Design Manual, and Design Guidelines.

12. 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.

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

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

15. Non-Severability: 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 a Special Use Permit for the Southern Village Park and Ride Lot in accordance with the plans and conditions listed above.

This the 8th day of November, 1993.

Item 10 Northwest Planning Area Status Report

Planning Board Member and Council Member-Elect Pat Evans presented an overview report of the Northwest Area Plan Work Group's activities. She said the group's final report would be presented in June, 1994. Ms. Evans stated that main issues to be studied included coordination with the Town of Carrboro, planning for the Horace Williams tract, landfill issues and possibly using a railroad line as a transitway corridor.

Council Member Powell asked whether the Council would receive neighborhood comments in the future. Ms. Evans stated that two neighborhood meetings were scheduled and the Council would likely hold a public hearing on the proposed northwest area plan. Council Member Brown inquired about the scope of area-wide meetings including University and Town of Carrboro representatives. Ms. Evans noted that Associate Vice-Chancellor Bruce Runberg served on the group. She added that a Council or Town staff member might serve as a liaison to the University.

Council Member Brown said it was very important to incorporate a larger planning area. Ms. Evans said she would present the idea to the work group. Council Member Andresen asked whether Ms. Evans would continue to serve on the group following appointment to the Council. Ms. Evans said she would like to continue serving on the group. Council Member Andresen emphasized the importance of continued communications with University officials relative to the northwest area planning process.

Council Member Powell said the possibility of using the rail line as a transit line was a good idea. Council Member Brown asked whether the group had spoken to the Department of Transportation about possible use of the rail line. Ms. Evans said staff had spoken to Southern Railway about possible use of the rail line. Council Member Brown asked whether the environmental and economic impacts of rezoning had been examined. Ms. Evans said these issues had not yet been addressed. Council Member Andresen said it was a good idea to get an agreement in place concerning possible rezoning of the Horace Williams tract.

Item 11 Cane Creek Reservoir Protection

Council Member Andresen noted that the Council had previously endorsed a resolution concerning protection of the Cane Creek reservoir. She stated that Orange County's staff recommendation concerning Cane Creek was not very good for watershed protection purposes. Council Member Andresen said the Town recommended no non-residential development in the watershed and a 5-acre minimum lot size. She noted that the Orange County Commissioners would consider possible watershed protection standards at its November 16th meeting or shortly thereafter. Council Member Andresen expressed concern that the County Commissioners were possibly encouraging economic development at the expense of Cane Creek reservoir. She requested that Mayor Broun write a letter to the Orange County Commissioners outlining the Council's endorsement of stringent protection standards for the Cane Creek watershed. Council Member Rimer suggested that the Council send a representative to the Commissioner's meeting on the watershed protection standards.

Item 12 Resource Conservation District (RCD) Matters

Planning Director Roger Waldon briefly reviewed the staff's memorandum relative to new development in the Resource Conservation District. He said that the staff suggested that the Council call a public hearing in May, 1994 if it wished to consider changes to Resource Conservation District regulations.

Council Member Andresen expressed appreciation to the staff for its investigation of intermittent and perennial streams. She inquired whether the Council wished to pursue the matter of perennial and intermittent stream definitions further. Council Member Andresen suggested that the Council adopt Resolution 7b, calling a hearing on possible changes to Resource Conservation District regulations. She suggested that the public hearing also consider the addition of setbacks for intermittent streams.

Mr. Waldon noted that the Town's Resource Conservation ordinance was an overlay zoning district. Council Member Andresen asked how the Town of Carrboro handled its RCD regulations. Mr. Waldon stated that the Town of Carrboro's RCD language was similar to the Town's steep slope regulations.

Council Member Rimer inquired whether staff had an estimate of the number of single-family and subdividable lots in inventory. Mr. Waldon said he did not. He noted that owners of larger tracts could stay away from natural drainageways by carefully planning lot lines.

Council Member Rimer said staff was suggesting the possibility of an ordinance similar to the Town of Carrboro's. He said such an ordinance would be especially onerous for single-family lot owners. Council Member Rimer stated that he opposed prescriptive ordinances of this type. Noting that it might be less expensive for the Town to buy possibly effected lots, Council Member Werner said it would be helpful for the Council to know the number of lots possibly involved.

Council Member Brown said if the matter were opened up, the outcome might be different than originally anticipated. Council Member Andresen inquired whether Council Member Brown was comfortable on voting on the matter. Noting her general support for Council Member Andresen's concerns, Council Member Brown said she wanted to maintain as much protection as possible in the RCD.

Council Member Andresen asked whether a Development Ordinance Text Amendment would address single-family lot situations. Mr. Waldon stated that only basic lot line and setback standards would have to be met. Mayor Broun inquired whether Council Member Andresen's concerns would be met by leaving the existing ordinance very broad. Mayor Broun said he encouraged the Council to hold a hearing on a broad range of issues. Mr. Horton said staff could present an interim report on possible changes and possibly recommend that changes not be made to existing regulations. Council Member Andresen said this was agreeable.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 7B. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGES TO ARTICLE 14 OF THE DEVELOPMENT ORDINANCE (93-11-8/R-7b)

WHEREAS, the Council intends to consider regulations concerning development and land disturbing activities in and around natural drainageways and intermittent streams,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for 7:30 p.m. on May 16, 1994, to consider changes to Article 14 of the Development Ordinance, for purpose of regulating land disturbance around natural drainageways and intermittent streams.

This the 8th day of November, 1993.

Mr. Horton said staff had received a petition from Karen Raleigh concerning the possibility of rebuilding structures in the Resource Conservation District which were not in areas governed by Federal Emergency Management Agency (FEMA) regulations. He stated that the Council had some flexibility in permitting rebuilding of structures in such areas. Mr. Horton said staff recommended calling a public hearing on the proposal.

Council Member Andresen inquired about structures in regulatory floodways. Mr. Horton said these structures could not be rebuilt. Council Member Werner said the Council had earlier made a conscious decision concerning reconstruction of buildings in the RCD. He inquired which areas would be impacted by possible regulatory changes. Mr. Horton said insufficient research had been performed to answer this question. Council Member Werner suggested that staff investigate further whether a specific problem needed to be resolved. Mr. Horton stated that some sites involved portions inside and outside the RCD. He added that staff would not proceed with the matter if the Council had no such interest. Council Member Brown inquired how much staff research time would be involved. Mr. Horton said he did not know.

Karen Raleigh said she believed that FEMA regulations had been met for First Union's automated teller machine. Bruce Ballentine said the proposed finished floor elevation might be a subject of some contention. Mr. Horton said he was not sure he completely agreed with Mr. Ballentine's observation. Council Member Rimer said there were very important distinctions between floodways and flood plains. Mr. Horton said staff could provide a follow-up report at the Council's January 10th meeting.

Mayor Broun noted that the Council might be getting into a bigger issue of where building would be permitted to occur. Mr. Waldon noted that the Town's RCD requirements exceeded FEMA requirements for building and rebuilding in the Resource Conservation District.

Mr. Horton said staff would provide a report in January, 1994.

Item 13 Air Quality Monitoring

Mr. Horton said the Town had an opportunity to begin monitoring carbon monoxide to determine whether or not the Town had "hot spot" problem areas. Council Member Werner noted that the Triangle was an ozone non-attainment area, necessitating the use of oxy fuels to meet federal standards. He added that the University had offered to lend the Town a carbon monoxide monitor to assure that data collected was of competent quality. Mayor Broun inquired whether there was any possible downside to the proposal. Council Member Werner said there was a very remote possibility that the Town would have to institute something more stringent than the use of oxy fuels. Council Member Rimer said he was willing to assist in the matter. Council Member Andresen expressed appreciation to Council Member Werner for his follow-up on the matter.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 9. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION TO PURSUE THE PLACEMENT OF A CARBON MONOXIDE MONITOR WITHIN THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA (93-11-8/R-9)

WHEREAS, the Council of the Town of Chapel Hill recognizes the intrinsic value of high air quality in the community; and

WHEREAS, Durham and Wake Counties have been found in non-attainment of National Ambient Air Quality Standards for Carbon Monoxide and Ozone; and

WHEREAS, the State of North Carolina has developed a control strategy that enforces regulations for the Raleigh-Durham Metropolitan Statistical Area that includes Orange County and the Town of Chapel Hill for the purpose of lowering the non-attainment carbon monoxide and ozone levels found in Durham and Wake Counties;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council request that the North Carolina Division of Environmental Management pursue the placement and operation of a carbon monoxide monitor in the Town of Chapel Hill.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that if the North Carolina Division of Environmental Management decides to not place a carbon monoxide monitor in Chapel Hill, then the Council requests that the Town Manager pursue the placement of a carbon monoxide monitor in the town of Chapel Hill with the assistance of both the UNC Environmental Science and Engineering Department and the North Carolina Division of Environmental Management, in order to produce "official" comparable data.

This the 8th day of November, 1993.

Item 14 Consent Agenda

Council Member Brown requested removal of item k.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT THE BALANCE OF THE CONSENT AGENDA. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-11-8/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager in regard to the following (Manager recommends adoption of R-15a for item k):

a. Minutes of September 27 and October 13.

b. Deleted.

c. Library automation equipment bid award (R-11).

d. Playground equipment bid award (R-12).

e. Tobacco product vending machine restrictions (O-1).

e1. Project ordinance for HOPE I grant (O-2).

f. Eastowne Drive parking restrictions (O-3).

g. West Franklin/Roberson Street parking restrictions (O-4).

h. Finley Forest development parking restrictions (O-5).

i. Groundwater monitoring well encroachment agreement

(R-13).

j. Tax collection contract with Durham County (R-14).

k. Response to Chamber of Commerce petition (R-15a & b).

l. Proposal for gun buyback program (R-16).

m. Establishment of just compensation for property acquisitions (R-17).

n. Request for Habitat for Humanity (R-18).

This the 8th day of November, 1993.

A RESOLUTION ACCEPTING BIDS AND AWARDING AUTOMATION EQUIPMENT CONTRACTS FOR THE CHAPEL HILL PUBLIC LIBRARY FACILITY

(93-11-8/R-11)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the October 27, 1993 edition of The Chapel Hill News in accordance with G. S. 143-129 for the Chapel Hill Public Library facility; and

WHEREAS, the following bids were received and opened on November 1:

Light pens Unit Price Total Price

Innovative Interfaces, Inc. $ 785.00 $ 5,495.00

Computer Clinic $ 459.00 $ 3,213.00

Printers

Innovative Interfaces, Inc.

Okidata 395 $ 1,450.00 $ 1,450.00

Okidata 320 $ 975.00 $ 6,825.00

HP 2225 (HP 205) $ 750.00 $ 1,500.00

Computer Clinic

Okidata 395 $ 1,195.00 $ 1,195.00

Okidata 320 $ 343.00 $ 2,401.00

HP 2225 (Canon BJ-200) $ 359.00 $ 718.00

Modems

Innovative Interfaces, Inc.

Hayes M9600 $ 750.00 $ 2,250.00

Computer Clinic

Cardinal 9600 $ 239.00 $ 717.00

Ports and Memory

Innovative Interfaces, Inc.

Ports $ 1,950.00 $52,650.00

Memory Upgrade $ 6,700.00 $26,800.00

Computer Clinic

Ports $ NO BID $ NO BID

Memory Upgrade $ NO BID $ NO BID

Software

Innovative Interfaces, Inc.

ProComm $ 225.00 $ 1,800.00

Computer Clinic

ProComm $ 129.00 $ 1,032.00

AND WHEREAS, some items may be more efficiently maintained if purchased locally,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accept the negotiated bids and award contracts for automation equipment for the Chapel Hill Public Library to the following bidders:

Computer Clinic Light Pens $ 3,213.00

Cary, NC

Computer Clinic Printers $ 3,596.00

Cary, NC

Innovative Interfaces, Inc. Memory and Ports $79,450.00

Berkeley, CA

Innovative Interfaces, Inc. ProComm Software $ 1,800.00

Berkeley, CA

Total $88,059.00

This the 8th day of November, 1993.

A RESOLUTION REJECTING A BID FOR PLAYGROUND EQUIPMENT, RATIFICATION OF REJECTION OF THE BID AND AWARD OF BID FOR PLAYGROUND EQUIPMENT

(93-11-8/R-12)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on May 30, 1993 in accordance with G.S. 143-129 for playground equipment; and

WHEREAS, the following bid was received and opened on June 16, 1993:

Vendor Price

Iron Mountain Forge $21,800

Bryson City, NC

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town rejects the bid by Iron Mountain Forge in the amount of $21,800.00 for playground equipment, and ratifies the rejection of the bid.

ALSO WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on July 18, 1993 in accordance with G.S. 143-129 for playground equipment, due to anticipated bid rejection of the first bid described above, and

WHEREAS, the following bids were received and opened on August 10, 1993:

Vendor Equipment Price Install Price Total Price

PCA Industries $17,470.00 $ 6,500.00 $23,970.00

St. Louis. Mo

Iron Mountain $38,402.50 $ 9,647.00 $48,049.50

Forge

Farmington, Mo

Basnight & Assoc. $43,063.00 $10,900.00 $53,963.00

Cary, NC

Cunningham Assoc. $40,461.73 $14,700.00 $55,161.73

Charlotte, NC

Southern Systems $67,498.00 $ 2,500.00 $69,998.00

Virginia Beach, Va

Kaplan School $54,077.00 $17,667.65 $71,744.65

Supply

Lewisville, NC

NOW, THEREFORE, BE IT ALSO RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Iron Mountain Forge in the amount of $48,049.50 for the playground equipment and installation thereof at Umstead Park in accordance with G.S. 143-129.

This the 8th day of November, 1993.

AN ORDINANCE TO ESTABLISH HOPE I PLANNING GRANT PROJECT ORDINANCE (93-11-8/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby adopted:

SECTION I

The project authorized is the HOPE I Planning Grant project as approved by the HUD and funds are as contained in the Grant Agreement between the Town and the U.S. Department of Housing and Urban Development (HUD) dated January 6, 1993.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the contract document(s), the Rules and Regulations of the U.S. Department of Housing and Urban Development, and budget contained herein.

SECTION III

The following revenue is available to complete the project:

HOPE I Planning Grant $50,000

SECTION IV

The following amount is appropriated for the project as follows:

Feasibility Study $50,000

Total $50,000

SECTION V

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

SECTION VI

Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 8th day of November, 1993.

A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT TO PERMIT GROUNDWATER MONITORING AND RECOVERY WELLS IN PARKING LOT 5

(93‑11‑8/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to prepare, approve and enter into an encroachment agreement in a form satisfactory to the Town Attorney, to permit the installation and operation of groundwater monitoring and recovery wells in Town Lot #5 consistent with the following terms and conditions:

1. Compliance by the company with environmental regulations.

2. No disruption of the Town's operations at the parking lot.

3. Protection for the Town from liability for the monitoring and recovery work.

4. Allow removal at any time if requested by the Town.

5. Restoration of the lot once the recovery is complete.

6. No cost to the Town for this operation.

This the 8th day of November, 1993.

A RESOLUTION AUTHORIZING SIGNING OF A TAX COLLECTION CONTRACT WITH DURHAM COUNTY (93-11-8/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to sign a tax collection contract with Durham County for the collection of property taxes and vehicle license fees on motor vehicles in the portion of Chapel Hill located in Durham County.

This the 8th day of November, 1993.

A RESOLUTION COMMITTING FUNDS TO HABITAT FOR HUMANITY FOR THE CULBRETH PARK HOUSING PROGRAM (93-11-8/R-18)

WHEREAS, The Town Council has made commitments to the promotion of low and moderate income housing opportunities, in the form of statements in its Comprehensive Plan, and its allocation of General Fund revenues to low-income housing initiatives; and

WHEREAS, the Town has received a request from the Orange County Habitat for Humanity, requesting funding support to enable Habitat to develop low and moderate income housing;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council commits $10,000 of the Annual Low Income Housing Allocation to be used for second mortgages and $14,000 of the Annual Low Income Housing Allocation to be used for site improvements in the Culbreth Park Subdivision, to be used and administered according to terms to be set out in a contract between the Town and Habitat.

BE IT FURTHER RESOLVED by the Town Council of the Town of Chapel Hill that the Council authorizes the Manager to negotiate and execute a contract between the Town of Chapel Hill and Habitat for Humanity, such contract to include provisions for administering the second mortgage funds to the Habitat proposal, additional detail on the terms of the second mortgage and resale provisions, as outlined in the Manager's memorandum to Council of November 8, 1993.

This the 8th day of November, 1993.

Council Member Brown said broad representation from a number of special groups was needed relative to the northwest area planning process. Council Member Andresen noted that there were a number of good neighborhood representatives serving with the group. Mr. Waldon stated that the University of North Carolina and Duke Forest had working group representatives. Council Member Brown said she preferred to see the group member's affiliations prior to considering designation of special interest group appointees.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 15B.

Mayor Broun said he supported Resolution 15b with active participation from the business community. Council Member Brown suggested that participation be open to all interested groups and organizations.

RESOLUTION 15B WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION WELCOMING PARTICIPATION OF THE BUSINESS COMMUNITY IN THE NORTHWEST AREA PLANNING PROCESS (93-11-8/R-15b)

WHEREAS, the Council has received a petition requesting that additional members be appointed to the Northwest Area Plan Work Group, representing the business community;

NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council welcomes the active participation of the business community in the Northwest Area Planning Process.

This the 8th day of November, 1993.

Council Member Rimer inquired about the possibility of the Town purchasing less expensive items from local vendors, rather than having to bid on all items. Mr. Horton said this procedure was followed when State laws permitted.

There were no comments on information reports and there was no need for an Executive Session. The meeting concluded at 11:38 p.m.