MINUTES OF A REGULAR MEETING OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, APRIL 24, 1995 AT 7:00 P.M.

Mayor Broun called the meeting to order at 7:00 p.m. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman, and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Town Attorney Ralph Karpinos, Finance Director Jim Baker, Police Captain Gregg Jarvies, Parks and Recreation Director Mike Loveman, Planning Director Roger Waldon, Assistant to the Manager Greg Feller, Engineering Director George Small, Personnel Director Pat Thomas, Long Range Planner Rob Wilson, and Long Range Planner Lorie Tekiele.

Item 3 Petitions

Richard and Anita Wolfenden, residents of 1307 Mason Farm Road, stated that when the University's and Town's interests conflicted, citizens expected the Town Council to protect them. Mr. Wolfenden stated that the University had sent them a letter last fall threatening condemnation of their property on Mason Farm Road. He said the letter explained that the University would like to build a conference center on their property. Mr. Wolfenden said their reply was no. He said that the University then asked them to support them in their request for rezoning.

Mr. Wolfenden said he later wrote to the University stating that he and his wife would not support rezoning that might damage their property. He said the University again contacted them and told them if they did not cooperate the University would acquire their property through eminent domain. Mr. Wolfenden said faced with this ultimatum, they met with the University's Chancellor in December, 1994. He said that since then several meetings have taken place. Mr. Wolfenden said although the condemnation process was now on hold, he felt that the University would eventually force them to cooperate, which meant they would eventually lose their home. He also said he did not feel that private negotiations would help at this point, and asked that the Council deny any rezoning request for the area and keep buffers in place as a means of neighborhood preservation.

Council Member Capowski commented that this was the first time in his memory that the University had tried to obtain property through condemnation. Council Member Capowski said he supported Mr. and Mrs. Wolfenden's efforts.

Council Member Powell said she also sympathized with the Wolfenden's concerns and expressed her hope that the Council could help the Wolfenden's find a solution to the problem.

Mayor Broun stated he also believed that the University had never attempted condemnation in this way before, and thanked the Wolfenden's for trying to find a solution to their concerns.

COUNCIL MEMBER BROWN MOVED THAT THE PETITION BE RECEIVED AND REFERRED TO THE MANAGER TO DISCOVER HOW THE TOWN MIGHT HELP IN THIS MATTER. COUNCIL MEMBER CAPOWSKI SECONDED THE MOTION.

Council Member Waldorf said it would be helpful for the staff's follow-up report to include pertinent documents about the matter.

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

Diane Bloom stated that there would be a community forum held on Saturday, April 29th at the Town Hall called "Developing A Vision". She said the forum would address land use development of the Horace Williams and Mason Farm properties. Ms. Bloom said the forum was scheduled to begin at 8:30 a.m. and end at 5:00 p.m. She said the forum would be sponsored by the Alliance of Neighborhoods, the Orange County Greens, the Sierra Club, the Citizens for Livable Communities, and the New Hope Audubon Society. Ms. Bloom invited the Council and the public to attend the forum.

Item 4.1 Consent Agenda

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(95-4-24/R-1)

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

a. Minutes of March 20, 23, 27, 29 and April 5.

b. First reading of cable television franchise extension from July 5, 1995 through January 31, 1996 (O-1).

c. Second reading of WIC-Orange telephone franchise ordinance (O-2).

d. Landfill disposal fee for scrap tires (R-2).

e. Authorizing expedited consideration of application to modify a Special Use Permit for the Inter-Faith Council's proposed transitional housing for low-income citizens and for victims of domestic violence (response to petition on March 15). (R-3)

f. Recommendation to dedicate a funding source for the North Carolina Park and Recreation Trust Fund (R-4).

g. Contract with Animal Protection Society (R-5, O-3).

This the 24th day of April, 1995.

AN ORDINANCE TEMPORARILY EXTENDING THE CABLE TELEVISION FRANCHISE (95-4-24/O-1)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby approves an extension to January 31, 1996 in the term of the cable television franchise ordinance, as amended, which franchise was originally granted to Village Cable, Inc. on November 19, 1979, and which franchise is now held by Time Warner Entertainment-Advanced/Newhouse Partnership ("TWE-A/N"); provided:

1. that this franchise extension shall not alter TWE-A/N's or the Town's procedural rights under federal law on consideration of cable television franchise renewal;

2. that this extension shall be subject to written acceptance by an authorized representative of TWE-A/N; and

3. that this franchise extension shall not be construed as altering any other term or condition of the franchise.

This the 24th day of April, 1995. (First reading)

This the 8th day of May, 1995. (Second reading)

AN ORDINANCE GRANTING A FRANCHISE TO WIC-ORANGE TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (95-4-24/O-2)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to WIC-Orange, Inc., owned by Eugene K. Wannenburg, to operate a telephone franchise in the Town subject to the following conditions:

Scope of Services

The company may provide local and long distance telephone services. This franchise does not authorize the company to provide cable television services, for which a separate franchise could be requested.

Approval of Locations; Compliance with Downtown Streetscape Plan

Present and future locations of additional equipment shall be subject to approval by the Town Manager as to conformity with the Streetscape Plan and other relevant policies and plans which have been or may be adopted by the Council, including the Town's obligation under State law to maintain safe access in sidewalk and street areas.

Relocations

Because the Town is planning to undertake improvements in public sidewalk and street areas of the downtown, the present and future locations of the company's equipment shall be subject upon 60 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager.

Removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town. Upon a determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town.

Outgoing Calls

The company may be required at the direction of the Town Manager to restrict telephone equipment to outgoing calls only or to terminate service at a given location(s) if the Manager determines that and notifies the company in writing that such a restriction or termination is necessary to protect the public health, safety and welfare.

Disturbance of Property Within a Right-of-Way; Inspections

Any disturbance of property within or affecting the public right-of-way, as may be necessary for the installation and/or connection of said phone services, must receive prior approval of the Town Manager or Manager's designee and will be subject to inspection and approval by the Town.

Color and Appearance of Equipment

The color and other external appearance aspects of the company's equipment in public right of-way, including the present equipment, shall be subject to approval by the Appearance Commission or the Historic District Commission as appropriate.

Term of Franchise

The term of the franchise shall be five years from acceptance by the franchisee, with the possibility of renewal at the end of five years subject to filing of a renewal application at least six months before the franchise expiration.

Letter of Credit

The company shall maintain a letter of credit in the amount of $10,000 to be replenished as necessary to maintain that balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of all applicable fees and taxes due to the Town.

Insurance and Indemnification of the Town

The company would be required to maintain general liability, property damage and worker's compensation insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $ 2,000,000. Such insurance policy shall name the Town as an additional insured party.

The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages which may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.

Compliance With All Applicable Laws, Ordinances and Regulations

The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town which may be issued under the franchise ordinance terms or general law and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.

Acceptance of Franchise Terms

The company shall within 60 days of adoption of the franchise ordinance on second reading accept all terms and conditions of the franchise ordinance.

Revocation Procedure

If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease operations within 30 days of receiving notice of revocation and remove its equipment from public rights-of-way within 90 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit to cover such costs.

Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.

Transfer of Ownership

A change or changes in ownership of the WIC-Orange company cumulatively totalling a 10% or greater interest in the company shall be subject to approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for approval of such a change(s) in ownership.

This the 10th day of April, 1995. (First reading)

This the 24th day of April, 1995. (Second reading)

A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A FEE FOR THE DISPOSAL OF SCRAP TIRES AT THE ORANGE REGIONAL LANDFILL

(95-4-24/R-2)

WHEREAS, the Orange Regional Landfill currently does not have an established fee for scrap tire disposal; and

WHEREAS, the State has recently provided guidance to facility operators regarding which tires are ineligible for free disposal; and

WHEREAS, the Orange Regional Landfill occasionally receives tires ineligible for free disposal; and

WHEREAS, concurrence by the governing bodies of Orange County, Carrboro and Chapel Hill is necessary to set landfill fees;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the establishment of a fee for scrap tires at $.75/each or $75/ton, pending similar authorization by Orange County and Carrboro.

This the 24th day of April, 1995.

A RESOLUTION DIRECTING THE TOWN MANAGER TO EXPEDITE PROCESSING AND REVIEW OF THE APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR TRANSITIONAL HOUSING FOR VERY LOW INCOME INDIVIDUALS AND FAMILIES AND VICTIMS OF DOMESTIC VIOLENCE (95-4-24/R-3)

WHEREAS, the Town of Chapel Hill has received a request for expedited processing and review of the pending application for a Special Use Permit Modification for Project Homestart's proposed transitional housing for very low income individuals and families and victims of domestic violence; and

WHEREAS, the Town believes that the proposed shelter would provide transitional housing for homeless people as well as a haven for battered women and would thereby serve the general public interest;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to expedite the processing and review of the application for a Special Use Permit Modification application from the Inter-Faith Council for transitional housing for very low income individuals and families and victims of domestic violence, in a manner that will speed review without sacrificing breadth or depth of analysis.

This the 24th day of April, 1995.

A RESOLUTION REQUESTING THE NORTH CAROLINA GENERAL ASSEMBLY TO DEDICATE A PORTION OF THE LAND TRANSFER EXCISE TAX AS A FUNDING SOURCE FOR A NORTH CAROLINA PARK AND RECREATION TRUST FUND (95-4-24/R-4)

WHEREAS, the 1991 session of the General Assembly enacted a bill that increased the excise tax on land transfers by one dollar per thousand; and,

WHEREAS, 85 percent of the revenues from this increase on the excise tax went into the general fund of the State; and,

WHEREAS, the 1994 General Assembly passed legislation previously supported by the Town of Chapel Hill that established a Park and Recreation Trust Fund for North Carolina for state and local parks; and,

WHEREAS, local governments in North Carolina need almost one billion dollars to meet national standards in providing land and facilities for leisure opportunities for citizens and visitors; and,

WHEREAS, in 1994, 79 grant requests from local governments were received totaling $2,438,419, and only $200,000 was available, thereby further demonstrating the need for such a program; and,

WHEREAS, funding from the Federal Land and Water Conservation Fund, which was a major source of support for State and local parks systems for the last 27 years, has decreased considerably since 1979; and,

WHEREAS, the North Carolina Recreation and Park Society has requested support for funding the Park and Recreation Trust Fund and Natural Heritage Trust Fund from revenues associated with the 1991 increase on land transfers for use by local and State park systems.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the members of the General Assembly representing Chapel Hill are called upon to dedicate revenues generated by the increase of the land transfer tax which was approved by the 1991 General Assembly to the Park and Recreation Trust Fund, during the 1995 session.

The Town Clerk is directed to send a copy of this resolution to each of the members of the General Assembly representing the people of Chapel Hill, to the North Carolina League of Municipalities, to the Executive Director of the North Carolina Recreation and Park Society.

This the 24th day of April, 1995.

A RESOLUTION AUTHORIZING A CONTRACT WITH THE ORANGE COUNTY ANIMAL PROTECTION SOCIETY FOR ANIMAL PROTECTION SERVICES AND THE TRANSFER OF A TOWN VEHICLE TO SAID SOCIETY (95-4-24/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a contract on behalf of the Town with the Orange County Animal Protection Society for the provision of animal protection services within the Town by said society, including enforcement of the Town's animal control ordinance.

BE IT FURTHER RESOLVED that said contract may include the transfer to the society of the Town's animal control vehicle and such other compensation to the society, within authorized budgetary limits, for the provision of said services.

This the 24th day of April, 1995.

AN ORDINANCE REVISING THE ANIMAL CONTROL REGULATIONS TO ALLOW PERFORMANCE OF DUTIES OF THE OFFICE OF ANIMAL CONTROL BY THE ORANGE COUNTY ANIMAL PROTECTION SOCIETY (95-4-24/O-3)

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

Section 1.

Sec. 4-2(b) of the Town Code is hereby revised to read as follows:

"(b) The animal control office shall be composed of the animal control officer and such employees as shall be determined by the town council. The said employees shall be appointed and compensated in accordance with the personnel ordinance of the town. In lieu of employees, the council may authorize by contract the assignment of the duties of the animal control office to the Orange County Animal Society or some other designated agency."

Section 2. This ordinance shall be effective upon adoption.

This the 24th day of April, 1995.

Item 4.2 Information Reports

Council Member Brown said she would like to know what the Council could do regarding the Culbreth Park homeownership program. She requested that this item be placed on a future Council agenda for discussion. Council Member Capowski concurred. He also inquired why there were no buyers for Culbreth Park homes when there was a shortage of affordable housing in the area. Mayor Brown agreed, stating that the Council should discuss this matter at a future meeting. He requested that the Manager place this item on the Council's future agenda listing.

Item 5 Nominations and Appointments

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO POSTPONE APPOINTMENTS TO THE HUMAN SERVICES ADVISORY BOARD UNTIL MAY 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS TO THE PERSONNEL APPEALS COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT BY ACCLAMATION, GEORGE SNOWDEN TO THE ORANGE COUNTY SENIOR CENTER PLANNING COMMITTEE. THE MOTION WAS PASSED UNANIMOUSLY (9-0).

Item 6 1995-96 Budget and 1995-2000 CIP

Mr. Horton stated that the Council had directed him to prepare a no property tax increase budget for the next fiscal year which would continue current basic service levels. He presented a brief overview of the recommended budget. Noting that the recommended budget would not increase the total number of Town positions, Mr. Horton briefly described the proposed changes in the Transportation Fund and anticipated reductions in federal transit appropriations. He stated that landfill and recycling costs were expected to increase in the coming year and recommended an increase in the fees in this fund. Mr. Horton said a public hearing has been scheduled on May 17th to receive public comment on the recommended budget, with the Council currently being scheduled to adopt the budget on June 5th.

Council Member Brown asked the Manager to report the times and dates of the proposed work sessions for benefit of the public.

Mr. Horton responded May 1, May 24, May 31 at 5:30 p.m. and the public hearing on May 17 at 7:00 p.m.

Council Member Evans requested that a list of Town-owned land be prepared before the next budget work session.

Council Member Chilton requested that the Landfill Owners' Group be able to meet with the Council at the May 1st meeting.

Council Member Waldorf asked if the Council would receive a report from the Landfill Owners' Group on May 8th. Council Member Chilton replied yes. Council Member Waldorf stated it might be better to talk with the Landfill Owners' Group after that report was received by the Council.

Council Member Capowski asked Mr. Horton to give the Council more details concerning the recommended creation of a Solid Waste Management Department at the May 24th work session.

Item 7 Chapel Hill-Carrboro Annexation &

Planning Jurisdiction Boundaries

Council Member Capowski thanked the staff and members of the Work Group for all of their hard work. He stated that it was important that persons living on the boundaries know exactly which jurisdiction they resided in.

Mayor Broun stated that the Council needed to call a public hearing at this time to receive comments on the matter.

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

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AN ANNEXATION BOUNDARY AGREEMENT AND ADJUSTMENT TO THE EXTRATERRITORIAL PLANNING JURISDICTION BOUNDARY (95-4-24/R-7)

WHEREAS, the Council of the Town of Chapel Hill desires to promote orderly growth and cooperative planning with the Town of Carrboro; and

WHEREAS, the Chapel Hill Town Council and the Carrboro Board of Aldermen have appointed an Annexation Boundary Work Group to identify a potential Annexation Boundary Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for June 12, 1995 at 7:00 p.m. in the Council Chamber of the Town Hall, 306 North Columbia Street, Chapel Hill, NC, to consider the recommendations of the Chapel Hill/Carrboro Annexation Boundary Work Group including a proposed Annexation Boundary Agreement, an Adjustment of the Extraterritorial Planning Jurisdiction Boundary, and a Resolution Establishing Principles of Protection for the Smith Level Road Entranceway.

This the 24th day of April, 1995.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-8. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER ZONING FOR NEW AREAS TO BE POTENTIALLY PLACED IN THE TOWN OF CHAPEL HILL'S EXTRATERRITORIAL PLANNING JURISDICTION (95-4-24/R-8)

WHEREAS, the Council of the Town of Chapel Hill desires to promote orderly growth and cooperative planning with the Town of Carrboro; and

WHEREAS, the Chapel Hill Town Council and the Carrboro Board of Aldermen have appointed an Annexation Boundary Work Group to identify a potential Annexation Boundary Agreement; and

WHEREAS, the Chapel Hill/Carrboro Annexation Boundary Work Group has recommended an Annexation Boundary Agreement and Adjustment of the Extraterritorial Planning Jurisdiction Boundary that if adopted, would place new land in the Town of Chapel Hill's southern extraterritorial planning jurisdiction; and

WHEREAS, in accordance with North Carolina General Statutes, the Town has 60 days to enact zoning for any properties without zoning;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing for June 12, 1995 at 7:00 p.m. in the Council Chamber of the Town Hall, 306 North Columbia Street, Chapel Hill, NC, to consider proposed zoning for new land that may be placed in the Town's southern extraterritorial planning jurisdiction.

This the 24th day of April, 1995.

Item 8 Proposed Annexation Areas

Planner Rob Wilson presented a brief overview of the items before the Council this evening. He stated that over the past year and a half the Town had taken steps to annex the four areas under consideration this evening. Mr. Wilson said in January the Town Council adopted resolutions of intent to annex these areas and in March the Council conducted public hearings on each of the four areas to receive public comment. Mr. Wilson said staff recommended adoption of the resolution to amend the service plan for Area 1 and the ordinances which would annex the four areas. Mr. Wilson briefly described the four areas under consideration for annexation. He commented that all State laws have been followed and all regulations has been satisfied.

Fred Johnson, a resident of Birch Meadow, stated that he had originally spoke at the public hearing regarding emergency services provided to this area. He said he was concerned about the Orange County 911 system not serving this area, but thanked the Fire Department for their efforts to resolve this matter.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-9. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION AMENDING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (95-4-24/R-9)

WHEREAS, the Council of the Town of Chapel Hill approved an annexation plan (95-2-13/R-12) for extending and financing services to that certain proposed annexation Area 1 (Weaver Dairy Road/Erwin Road) as described in the Council's resolution (95-1-9/R-18);

and

WHEREAS, the Council of the Town of Chapel Hill conducted a public hearing on the proposed annexation Area 1 on March 20, 1995, at which additional information was presented for the annexation plan for extending and financing services to that certain proposed annexation Area 1;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves amending Part II, Sections A and D of the annexation plan for extending and financing services to the proposed annexation Area 1 (Weaver Dairy Road/Erwin Road) in accordance with the attached revisions.

This the 24th day of April, 1995.

Mr. Wilson briefly discussed the annexation of Area 1, and stated that all State laws have been followed and all regulations satisfied.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE O-4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA

(95-4-24/ O-4)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 20th day of March, 1995, on the question of this annexation; and

WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;

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

SECTION I

From and after 11:59 pm on the 30th day of June, 1995, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 1995, be extended to include said territory more particularly described as follows:

Annexation Area 1. The Chesley V subdivision, the Birch Meadow subdivision, Phase 1 of the Silver Creek subdivision, the future phases of the Silver Creek and Springcrest subdivisions, the site of the new High School, several individual lots, the Weaver Dairy Road right-of-way, and the Erwin Road right-of-way south of Interstate 40. This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:

BEGINNING at a point on the southern right-of-way (r/w) line of Weaver Dairy Road, said point also being the northeastern corner of lot 51, Chesley Subdivision Phase 2 (Tax Map 25H, Plat Book 50 Page 70), and lying on the existing Chapel Hill corporate limits; thence proceeding along the southern r/w line of Weaver Dairy Road in a northwestern direction, following said corporate limits for a distance of approximately 2730' to a point at the intersection of the eastern r/w line of Sunrise Road with the southern r/w line of Weaver Dairy Road; thence continuing along the existing corporate limits across Weaver Dairy Road to the eastern r/w line of Sunrise Road and then northward along said eastern r/w for approximately 730' to the northwest corner of Lot 13, Tax Map 25, said point also being the southwest corner of Lot 44, Chandler's Green (Phase 1A), Tax Map 138 ; thence proceeding along said existing corporate limits and following the northern property line of Lot 13, Tax Map 25 easternly 1350'+/- crossing Bradley Drive to the southeastern corner of Lot 32, Tax Map 138; thence northernly 262'+/- to the northeastern corner of Lot 31, Tax Map 138, and then easternly 1460'+/- to the southeastern corner of Lot 22, Tax Map 138A (Chandler's Green Subdivision, Phase 2, Plat Book 53 Page 64); thence continuing along the existing Chapel Hill corporate limits in a northeasternly direction following the southeastern boundaries of Lots 22, 19 and 18, Tax Map 138A, and crossing Sweeten Creek Road, approximately 683' to a point on the southern r/w line of Interstate 40, said point also being the northeastern corner of Lot 18, Tax Map 138A ; thence leaving said corporate limits line and proceeding along with the southern line of the I-40 r/w in a southeasternly direction approximately 3880' to the point of intersection of said southern I-40 r/w line with the eastern r/w line of Erwin Road; thence proceeding along the eastern r/w line of Erwin Road southward approximately 3010' to the northwest corner of Lot 7D, Block B, Tax Map 27, said corner being a point on the existing Chapel Hill corporate limits; thence proceeding along said corporate limits line and with the eastern r/w line of Erwin Road southwestwardly 1460'+/- to a point that is the intersection of the eastern r/w line of Erwin Road with the southern r/w line of Weaver Dairy Road; thence following said corporate limits line across Erwin Road and following Weaver Dairy Road northwestward approximately 460' to a point on the former southern 60' r/w line of Weaver Dairy Road, said point also being the former southeastern corner of Lot 1, Tax Map 26C; thence proceeding perpendicularly and 60' across Weaver Dairy Road to its northern r/w line; thence proceeding along said r/w following with the existing corporate limits 1570'+/- to a corner on the corporate limits line that is the intersection of the extended southern boundary of Chesley V and Weaver Dairy Road; thence following said corporate limits line westwardly across Weaver Dairy Road to a point on said r/w that is also the southeast corner of Lot 35, Tax Map 25J (Chesley V Subdivision); thence proceeding westward along the southern boundary of said subdivision following with the existing corporate limits line and with the southern boundary lines of Lots 29, 28, 26, 18, 17 and 16, Tax Map 25J, approximately 1375' to the southwest corner of said Lot 16; thence following the existing corporate limits proceeding northward along the western boundaries of Lots 16, 15, 14, 13, 12, 11, 10 and 9 (Tax Map 25J, Chesley V) approximately 1280' to the northernmost corner of said Lot 9 and the southern r/w line of Weaver Dairy Road, said corner also being the northeast corner of Lot 51, Tax Map 25H, said corner being the point of BEGINNING.

This annexation area encloses a non-contiguous "satellite area" that is already within Town corporate limits (Covington Place and Springcrest, Phases 1-4 and Open Space).

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the existing primary Town of Chapel Hill corporate limits. The boundary of the total area to be annexed has 20,879 linear feet, of which 13,631 feet abut the Town's present boundaries. Thus, 65.3% of the annexation area boundary is contiguous with the present Town of Chapel Hill primary corporate limits.

[Note: In calculating the external boundary of Annexation Area 1, the Town measured the overall boundary of the area shown on Appendix D, Map 2 of the Service Plan for Annexation Area 1 and did not consider the boundary surrounding the Springcrest/Covington Place satellite annexation area to be external boundary of Annexation Area 1. If the boundary of this satellite annexation area is considered additional exterior boundary of Area 1, the total external perimeter of Area 1 would be 29,936 linear feet. Of that total perimeter, 13,631 or 45.5% would be contiguous to the boundary of the primary corporate limits of the Town, still exceeding the one-eighth (12.5%) requirement of 160A-48(b).]

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow topographic feature, streets, property lines, and the existing Corporate Limits of Chapel Hill.

5. The annexation area is composed of two areas, one of which meets the statutory requirements for urbanization in G.S. 160A-48(c)(2) and the other which meets the alternative statutory requirement in G.S. 160A-48(d)(2) of contiguity with the Town and an urban area:

Area 1a: With a population density of 1.56 persons/acre, with 90.6% of the total acreage divided into lots five acres or less, and with 87.2% of the total lots one acre or less in size, Area 1a meets the criterion in G.S. 160A-48(c)(2).

Area 1b : Consisting of the new High School and the future phases of Springcrest and Silver Creek subdivisions, Area 1b lies generally north of Area 1a and is adjacent to the current primary Town limits and to Area 1a. The total perimeter of Area 1b is 18,934 linear feet; 3,029 linear feet of that boundary (or 16.0%) is adjacent to Area 1a; 7,322 linear feet (or 38.7%) of that boundary is adjacent to the primary Town limits; 3,189 linear feet (or 16.8%) of that boundary is adjacent to the outer limits

of the satellite annexation area that includes currently developed Phases I-IV of the Springcrest subdivision and the Covington Place subdivision.

Using the same methods of calculating population per housing unit for Springcrest Phases I-IV and Covington Place as used for Area 1a, the current developed area of the Springcrest (Phases I-IV) and Covington Place subdivisions that is already in the Town limits as a satellite, has 46.75 acres, a population density of 5.65 persons/acre, with 100% of the total acreage divided into lots five acres or less, and with 97.3% of the total lots one acre or less in size. Thus, the Springcrest/Covington Place satellite annexation area can be considered an area developed for urban purposes (as well as part of the present Town limits) for the purpose of determining whether Area 1b meets the requirements for adjacency with the current Town limits and areas developed for urban purposes to qualify Area 1b for annexation.

Thus, of the total perimeter of Area 1b (18,934 linear feet), a total of 13,540 linear feet of that boundary (or 71.5%) is adjacent to Area 1a, the current primary Town limits, and the boundary of the Springcrest/Covington Place satellite annexation area (which should be considered, for purposes of determining qualification under 160A-48(d)(2) as either an adjacent municipal boundary or an adjacent boundary of an area developed for urban purposes).

SECTION III

It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 13th day of February, 1995, and amended on April 24, 1995, and filed in the office of the Clerk for public inspection.

Such services will include:

1. Refuse collection as described in said report.

2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions, in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation as prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.

SECTION V

From and after the effective date of this annexation, the territory annexed and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill, and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill.

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Orange County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Orange County Board of Elections as required by G.S. 163-288.1.

This the 24th day of April, 1995.

Mr. Wilson briefly discussed the annexation of Area 2, and stated that all State laws have been followed and all regulations satisfied.

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

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA

(95-4-24/ O-5)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

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

SECTION I

Annexation Area 2. Three lots on Clark Lake Road. These lots are described as follows:

All that certain tract or parcel of land lying, situate and being in Triangle Township, Durham County, North Carolina, being more particularly described as follows:

BEGINNING at a point on the southeast corner of Lot 14E, Durham Co. Tax Map 478, Block 3, said point also being on the western right-of-way (r/w) line of Pope Road at its corner with Clark Lake Road, said point lying on the existing Chapel Hill corporate limits line; thence proceeding westward approximately 306.7' along the southern line of said Lot 14E and Lots 14D and 14C (Durham Co. Tax Map 478, Block 3) and following the corporate limits line to the southwest corner of Lot 14C; thence proceeding northward 135'+/- along the western boundary of Lot 14C and said corporate limits line to the northwest corner of Lot 14C; thence proceeding eastward 303'+/- along the northern boundaries of Lots 14C, 14D and 14E (Durham Co. Tax Map 478, Block 3) following the existing corporate limits line to the northeast corner of Lot 14E, said point also being on the western r/w line of Pope

Road; thence leaving said Chapel Hill corporate limits line and proceeding 135'+/- southward along the eastern boundary of Lot 14E and Pope Road r/w to the southeast corner of Lot 14E, said point being the corner of Pope Road r/w and Clark Lake Road r/w, being all of Lots 14C, 14D and 14E (Durham Tax Map 478, Block 3) and being the point of BEGINNING.

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the primary Town of Chapel Hill corporate limits. The boundary of the total area to be annexed has 884 linear feet, of which 749 feet abut the Town's present boundaries. Thus, 84.7% of the annexation area boundary is contiguous with the present Town of Chapel Hill primary corporate limits.

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow topographic features, streets, property lines, and the existing Corporate Limits of Chapel Hill.

5. With a population density of 5.1 persons/acre, Area 2 meets the criterion in G.S. 160A-48(c)(1). Also, with 100% of the total acreage divided into lots five acres or less, and with 100% of the total lots one acre or less in size, Area 2 meets the criterion in G.S. 160A-48(c)(2).

SECTION III

It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 13th day of February, 1995, and filed in the office of the Clerk for public inspection.

Such services will include:

1. Refuse collection as described in said report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

SECTION V

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Durham County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Durham County Board of Elections as required by G.S. 163-288.1.

This the 24th day of April, 1995.

Mr. Wilson briefly discussed the annexation of Area 3, and stated that all State laws have been followed and all regulations satisfied.

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

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA

(95-4-24/ 0-6)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

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

SECTION I

Annexation Area 3. The Culbreth Park subdivision, the Hundred Oaks subdivision, several intervening undeveloped parcels, the Culbreth Road right-of-way east of the present corporate limits, and a portion of the U.S. 15-501 South right-of-way. This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:

BEGINNING at the northeast corner of Lot 8D, Tax Map 122, Block B (the Culbreth Middle School property), said point also being the northwest corner of Lot 5, Tax map 122D (Culbreth Park Subdivision, Plat Book 55, Page 59) and on the southern right-of-way (r/w) line of Culbreth Road and on the existing Chapel Hill corporate limits line; thence proceeding perpendicularly 70' across Culbreth Road to a point on its northern r/w line, and then proceeding eastward along Culbreth Road r/w and with said corporate limits line, crossing Channing Lane, approximately 1334' to the corner of Lot 1B, Tax Map 122A, Block D (Glenmere); thence proceeding

northward 453'+/- along the eastern boundaries of said Lot 1B and Lots 2B and 17 (Tax Map 122A, Block D) following said corporate limits to the midpoint of Morgan Creek; thence proceeding easternly with the existing corporate limits as it follows the center of Morgan Creek for approximately 1455' to the western r/w line of U.S. 15-501 South; thence proceeding southward 300'+/- along said r/w to its intersection with the southern r/w line of Culbreth Road; thence proceeding southeastward across U.S. 15-501 following the existing Chapel Hill corporate limits line to the northern corner of Lot 8H (Tax Map 122, Block B) and proceeding southeastward along the western r/w line of Mt. Carmel Church Road approximately 2150' to a point on the northern r/w line of Bennett Road and said corporate limits line; thence, leaving said existing corporate limits line and proceeding along the northern line of Bennett Road for 239'+/- to the southeast corner of Lot 34, Tax Map 156 (Hundred Oaks Subdivision, Book 72, Page 163); thence proceeding northwestward 1103'+/- along the southern boundary of Hundred Oaks Subdivision to its southwest corner (also being the northwestern corner of Lot 4H, Tax Map 126, Block B), said point lying on the eastern r/w line of U.S. 15-501 South; thence proceeding northwestward across U.S. 15-501 approximately 95' to the southeast corner of Lot 8S, Tax Map 122, Block B; thence following the southern boundaries of Lots 8S and 8W, Tax Map 122, northwestward approximately 650' to the southernmost corner of Lot 45, Tax Map 122D (Culbreth Park Subdivision); thence proceeding westward 614'+/- along the southern boundaries of Lots 45, 44, 43, 42, 41, 40, 39 and 38 (Tax Map 122D) to the westernmost corner of Lot 38, said point also lying on the existing Chapel Hill corporate limits line; thence proceeding northeastward 365'+/- along the western line of said Lot 38 and Lots 37, 36, 35, 34 and 33 (Tax Map 122D), following the existing corporate limits line to a corner of said Lot 33; thence proceeding northwestward 735'+/- along the western line said Lot 33 and Lots 32, 31, 51, 7, 6 and 5 (Tax Map 122D) to its northwest corner on the southern r/w line of Culbreth Road, said point being the point of BEGINNING.

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the existing primary Town of Chapel Hill corporate limits. The boundary of the total area to be annexed has 9,557 linear feet, of which 6,760 feet abut the Town's present boundaries. Thus, 70.7% of the annexation area boundary is contiguous with the present Town of Chapel Hill primary corporate limits.

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow topographic features (creeks), streets, property lines, and the existing Corporate Limits of Chapel Hill.

Area 3a: With a population density of 1.59 persons/acre, with 64.2% of the total acreage divided into lots five acres or less, and with 87.1% of the total lots one acre or less in size, Area 3a qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(2).

Area 3b: With 72.5% of the total external boundary of Area 3b being contiguous to a combination of the Town's primary corporate limits and the boundary of an area developed for urban purposes, Area 3b meets the criterion in G.S. 160A-48(d)(2).

SECTION III

It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 13th day of February, 1995, and filed in the office of the Clerk for public inspection.

Such services will include:

1. Refuse collection as described in said report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions, in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.

SECTION V

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

This the 24th day of April, 1995.

Mr. Wilson briefly discussed the annexation of Area 4, and stated that all State laws have been followed and all regulations satisfied.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE O-7. THE MOTION WAS ADOPTED UNANIMOUSLY.

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA

(95-4-24/ O-7)

WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and

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

SECTION I

Annexation Area 4. The Cobble Ridge subdivision (Phases 1&2), a portion of the Culbreth Road right-of-way, an intervening parcel to the east that borders Culbreth Middle School, several undeveloped parcels to the north of Culbreth Road that are bordered to the north and east by the Town's corporate limits, and portions of several lots west of Cobble Ridge (with the boundary of this annexation area generally following a ravine that divides several of these properties). This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:

BEGINNING at a point on the northwest corner of Lot 8D, Tax Map 122, Block B (Culbreth Middle School property), said point being on the southern right-of-way (r/w) line of Culbreth Road and on the existing Chapel Hill corporate limits line; thence proceeding southward 775'+/- along the western boundary of said Lot 8D following the existing corporate limits line to a point that is the southeast corner of Lot 15B (Tax Map 122, Block B); thence, leaving the Chapel Hill corporate limits line, proceeding westward approximately 650' along the southern boundary of said Lot 15B to its southwest corner, said point also being the southeast corner of Lot 31, Tax Map 122G, identified as Open Space (Cobble Ridge, Phase B, Plat Book 72 Page 50); thence proceeding westward along the southern boundary of said Lot 31 and Lot 13, Tax Map 122G (also being the southern boundary of Cobble Ridge Subdivision, Phase B), a distance of 1097'+/- to the southwest corner of said Lot 13, said point also being the southeast corner of Lot 15A (Tax Map 122, Block B); thence proceeding westward along the southern boundary of said Lot 15A approximately 545' to a point that is the northwest corner of Lot 14 and the northeast corner of Lot 12A (Tax Map 122, Block B); thence proceeding with the northern boundary of said Lot 12A bearing South 86-24-00 West a distance of 22.51' to a New Iron Pipe (NIP); thence proceeding N 08-58-15 W for 243.59' to a NIP, said point lying in the center of an un-named creek; thence following the meanderings of said creek as it bisects Lots 15A, 14C, 15F and 16 (Tax Map 122, Block B) the following bearings and distances: N 20-16-04 E for 146.83' to a NIP; N 39-27-24 E for 127.81' to a NIP; N 09-55-05 E for 82.29' to a NIP; N 43-33-30 E for 124.05' to a NIP; N 15-02-54 E for 226.54' to a NIP; N 01-07-14 W for 120.97' to a NIP; N16-04-10 E for 81.12' to a NIP; thence leaving said meandering creek and proceeding N 19-29-44 E for 70.55' to an Existing Iron Pipe, said point being N 66-04-19 W 292.80' of a "Control Corner" (Axel), Cobble Ridge, Phase A, Plat Book 61 Page 5; said Existing Iron Pipe is the southwesternmost corner of Lot 15 (Tax Map 122, Block B); thence proceeding northeastward along the western boundary of said Lot 15 to its northwest corner on the southern r/w of Culbreth Rd.; thence proceeding across said r/w 60'+/- to the southwesternmost corner of Lot 15H (Tax Map 122, Block B); thence proceeding northeastward 400'+/- along the northern boundary of said Lot 15H to a corner; thence proceeding northward 1040'+/- along the western boundary of said Lot 15H and Lot 20 (Tax Map 122, Block B) to a corner of said Lot 20; thence proceeding northward along the eastern boundary of Lots 19 and 19A and the western boundary of Lot 21 (Tax Map 122, Block B) approximately 830' to the northwest corner of said Lot 21 and the centerline of Morgan Creek and the existing Chapel Hill corporate limits; thence proceeding southeastward approximately 2150' along the centerline of Morgan Creek and the corporate limits to the western corner of Lot 40 (Tax Map 122C); thence following the existing corporate limits line along the western boundary of Southbridge Subdivision in a southwest direction 1680'+/- to the southwest corner of Lot 71 (Southbridge Subdivision, Tax Map 122C); thence proceeding southeastward 796'+/- to the southeast corner of Lot 65 (Tax Map 122C), said point also lying on the northern r/w line of Culbreth Road; thence proceeding westward along said Culbreth Road r/w for approximately 404' to a point; thence continuing to follow the existing Chapel Hill corporate limits proceeding across Culbreth Road 65' to the northwest corner of Lot 8D (Tax Map 122, Block B), the point of BEGINNING.

SECTION II

The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:

1. The area is contiguous to the Town of Chapel Hill.

2. Over one-eighth (12.5 percent) of the aggregate external boundary of the area under consideration coincides with the existing primary Town of Chapel Hill corporate limits. The boundary of the total area to be annexed has 12,250 linear feet, of which 5,935 feet abut the Town's present boundaries. Thus, 48.5% of the annexation area boundary is contiguous with the present Town of Chapel Hill primary corporate limits.

3. None of the area is within the boundary of an incorporated municipality.

4. The proposed boundaries of the area under consideration follow topographic features (ravines, creeks), streets, property lines, and the existing Corporate Limits of Chapel Hill.

Area 4a: With a population density of 1.81 persons/acre, with 84.8% of the total acreage divided into lots five acres or less, and with 92.2% of the total lots one acre or less in size, Area 4a meets the criterion in G.S. 160A-48(c)(2).

Area 4b: With 70.9% of the total external boundary of Area 4b being contiguous to a combination of the Town's primary corporate limits and the boundary of an area developed for urban purposes, Area 4b meets the criterion in G.S. 160A-48(d)(2).

SECTION III

It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 13th day of February, 1995, and filed in the office of the Clerk for public inspection.

Such services will include:

1. Refuse collection as described in said report.

3. Police protection including periodic patrols, crime prevention investigation of crimes, enforcement of ordinances and statutes and other police services as described in the report.

4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.

5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.

6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.

SECTION IV

The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions, in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.

SECTION V

SECTION VI

The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.

SECTION VII

This the 24th day of April, 1995.

Town Manager Horton said that now that the Council had adopted the ordinances to annex these areas, we recommend the Council adopt the resolution calling a public hearing on June 19 on zoning of the annexation area including the three lots on the north side of Clark Lake Road.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING ON ZONING ANNEXATION AREA 2: LOTS ON CLARK LAKE ROAD (95-4-24/R-10)

WHEREAS, the North Carolina General Assembly has set forth the State's policy that municipalities are created to provide the governmental services essential for sound urban development and for the protection of public health, safety and welfare; and

WHEREAS, the General Assembly has set forth the policy that municipal boundaries should be extended to include new urban development; and

WHEREAS, the Town of Chapel Hill's general policy has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas; and

WHEREAS, the Town of Chapel Hill has adopted an ordinance on April 24, 1995, to effectively annex Area 2 (3 Lots on Clark Lake Road); and

WHEREAS, the Town of Chapel Hill does not have zoning for Annexation Area 2;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing to be held on Monday, June 19, 1995 at 7:00 p.m. in the Council Chambers of the Chapel Hill Town Hall for the purpose of zoning Annexation Area 2 as Residential - 2 (R-2), or an appropriate related zoning category.

This the 24th day of April, 1995.

Item 9 Policies Regarding Domestic Partners

Mr. Horton presented a brief overview of the items before the Council this evening. He briefly described the Town's current policies. Mr. Horton said the staff had reviewed the Town's employment and personnel policies for possible changes, reviewed the Town's service policies for possible changes, and reviewed the Town's other ordinances for a possible change in the definition of family in the Development Ordinance. Mr. Horton stated that staff believed it would be reasonable to allow Town employees to take sick leave to care of domestic partners. He also stated that staff believed that the Town did not have clear authority to provide health insurance benefits for domestic partners of Town employees. Mr. Horton also recommended a requirement that if a Council Member had a registered domestic partner, the Council Member be required to disclose real property interests of the domestic partner in the same manner as for a spouse.

Mr. Horton said three key points were that State law allowed the Town to provide health insurance coverage for dependents of Town employees; second, the statute does not define the term "dependent"; and finally, faced with the legal issue of whether the Town can provide health insurance for domestic partners, staff believes that the North Carolina courts would likely rule that an expenditure for this purpose would be beyond the Town's authority. Mr. Horton said that if the Council desired to enable domestic partners to register with the Town, the staff suggests that registration would occur in the Town Clerk's office by signatures of the domestic partner affirming their relationship in the presence of a Town employee who was a notary public.

Mr. Horton said staff recommended that the Council adopt Ordinance A defining domestic partners, Ordinance C authorizing Town employees to use sick leave for care of domestic partners, Ordinance D prohibiting future establishment of Town supervisory relationships between family members including domestic partners, Ordinance E requiring that if a Council Member has a registered domestic partner the Council member must disclose certain of the domestic partners real estate interests, and Resolution A, directing the Manager to prepare a report and recommendations regarding potential changes in the Development Ordinance to define a family and/or related persons as including domestic partners.

Town Attorney Karpinos briefly described the legal issues involved in the items before the Council. Mr. Karpinos said the proposed language offered in Ordinance 8a was appropriate. He also said in Ordinance 8c the change would allow Town employees to use their sick leave to care for domestic partners.

Dan Coleman, speaking on behalf of Orange County Greens, said his society was based on equality for all and supported the Manager's recommendations, particularly in allowing sick leave to be used to care for domestic partners, because this could directly benefit the care of children. He said gays and lesbians had suffered in a culture of hate and was proud that the Orange County Greens respected all persons.

Susan Johnston, a resident of Chapel Hill for over twenty years, spoke in favor of the domestic partner items before the Council. She said it would enable two people with a long-term relationship to register as a couple and it showed public support as well as having practical benefits, such as allowing a partner to have some say in case of an emergency. Ms. Johnston said she was pleased to see that the Council was considering allowing Town employees to use sick leave to care for domestic partners. She said regarding health insurance, there were over 30 communities throughout the nation offering health insurance to domestic partners. Ms. Johnston said Blue Cross/Blue Shield and John Hancock Insurance both offered benefits to domestic partners in other states. She asked the Council to look further into the issue of health insurance for domestic partners and asked them to support registration of domestic partners.

Lightning Brown thanked the Town staff for their careful research in this area and felt this was being done even-handedly and fairly. He said passage of these proposed policies would give equality to all Town employees. Mr. Brown said he did disagree with the Attorney's memorandum regarding the definition of "dependent". He said that if one examined facts and needs, there was a good reasonable basis for the Town to extend benefits to include domestic partners.

Jan Allen, a Town resident for 26 years, representing the Orange County Democratic Party and the Chapel Hill Chapter of the National Organization for Women, said her organizations strongly supported these proposed changes to Town policies.

Gloria Faley said she had been active in the community over the last several years and she supported the activities of the Town in many ways. She said she had been in a seventeen year lesbian relationship and hers was a true family. Ms. Faley said she had frequently been concerned about how she would take leave time if her partner became ill, or how she would be able to pay for a hospital stay. She said she and her partner faced these kinds of issues every day, and urged the Town to support the measures before them this evening.

Council Member Pavão stated he felt very good about the material which the staff had prepared and believed it was well thought out. He said he supported the Manager's recommendations.

Council Member Chilton agreed with Council Member Pavão, adding that he wanted to emphasize to the Council that the area of law addressed in the memorandum was subjective and was far beyond anything ever considered in North Carolina. He said the Town's situation differed substantially from the Atlanta and Minneapolis cases. Council Member Chilton suggested to the Council that Resolution R-11b be amended to add language to delete the present "Be It Resolved" section and add the following:

"WHEREAS, the Town of Chapel Hill is a regional employer which must compete with other governments, with area universities and with large corporations; and

WHEREAS, the Town wishes to remain a competitive employer;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council wishes to review the benefits of Town employees and their families, and that the Council directs the Manager to prepare a report on the potential cost of and related issues regarding providing health insurance benefits to domestic partners of Town Employees."

Mr. Horton said the staff could report back on health care benefits.

Council Member Protzman asked if the Council could get more information on other municipalities that may pay health care benefits for domestic partner family members.

Council Member Waldorf asked if the report would include nearby employers. The Manager said yes, it would include all employers in the immediate market area.

Council Member Chilton said that resolution llb as amended would have to be with the Town as a competitive employer of the region, and not just with regard to domestic partners.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION R-11b AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE MANAGER TO PREPARE A REPORT REGARDING THE POTENTIAL COST OF AND OTHER ISSUES REGARDING PROVIDING HEALTH INSURANCE BENEFITS TO DOMESTIC PARTNERS OF TOWN EMPLOYEES (95-4-24/R-11b)

WHEREAS, the Town of Chapel Hill is a regional employer which must compete with other governments, with area universities and with large corporations; and

WHEREAS, the Town wishes to remain a competitive employer;

This the 24th day of April, 1995.

COUNCIL MEMBER BROWN MOVED ADOPTION OF ORDINANCE 0-8a.

Council Member Capowski said he was in favor of the items before the Council tonight, except for the need to act just for homosexual individuals rather than heterosexual individuals. Mr. Horton stated that when staff began looking at the policies, it became clear that we would not want a domestic partner to be in the position of supervising their partner, and would not want a spouse to supervise a spouse. Mr. Horton said that the Town could not find reasonable distinctions to make in this area.

Council Member Chilton agreed with the Manager, stating that the 14th amendment guaranteed equal protections to all.

Council Member Powell suggested creating a fee for dissolution of registered domestic partnerships which were terminated in the future.

THE MOTION WAS SECONDED BY COUNCIL MEMBER POWELL. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 1 OF THE TOWN CODE (95-4-24/O-8a)

BE IT ORDAINED by the Town Council of Chapel Hill that the Council amends Chapter 1 of the Town Code as follows:

Section 1

ADD to Section 1-2, Definitions and rules of construction, a new paragraph in appropriate alphabetical order to read as follows:

Domestic partners. Two individuals who have reached the age of majority and live together in a long-term relationship of indefinite duration, with an exclusive mutual commitment in which the partners share the necessities of life and are financially interdependent. Also, domestic partners are not married to anyone else, do not have another domestic partner and are not related by blood more closely than would bar their marriage in this State.

Section 2

This ordinance shall be effective upon adoption.

This the 24th day of April, 1995.

Mayor Broun commented that amended language had been provided by the Orange Lesbian and Gay Association for Ordinance C and suggested that it be adopted.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT ORDINANCE O-8c AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE CHANGING CHAPTER 14 OF THE TOWN CODE REGARDING SICK LEAVE AND MATERNAL AND FAMILY LEAVE FOR DOMESTIC PARTNERS OF TOWN EMPLOYEES (95-4-24/O-8c)

SECTION 1

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 14, Personnel Rules and Regulations, Code of Ordinances as follows:

SECTION 1

In ARTICLE VIII, HOLIDAYS AND LEAVES OF ABSENCE, the following sections are rewritten as follows:

Sec. 14-77 Sick Leave Policy.

Sick leave with pay shall be granted to an employee when sick or for illness in the employee's immediate family (including an employee's domestic partner as defined in Chapter 1 of the Town Code and the Domestic Partner's children) which requires the care of the employee. For the purpose of this section, domestic partners must provide documentation demonstrating established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.

(The remaining paragraphs of this section are unchanged.)

Sec. 14-80.1 Family and Medical Leave.

The Town will comply with the applicable provisions of the Family and Medical Leave Act. Domestic partners (as defined in Chapter 1 of the Town Code and children of domestic partners) of Town employees shall be considered to be members of the employee's family. For the purpose of this section, domestic partners must provide documentation demonstrating established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.

SECTION 2

This ordinance shall be effective upon adoption.

This the 24th day of April, 1995.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE O-8d. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO REVISE CHAPTER 14 OF THE CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL REGARDING CONDITIONS OF EMPLOYMENT

(95-4-24/O-8d)

BE IT ORDAINED by the Council of the Town of Chapel Hill that Chapter 14, Personnel Rules and Regulations, Code of Ordinances as follows:

In ARTICLE VI, CONDITIONS OF EMPLOYMENT, Sec. 14-40 is hereby rewritten as follows:

Sec. 14-40 Employment of Relatives.

The Town strongly discourages the hiring of relatives, including domestic partners as defined in Chapter 1 of the Town Code, or of persons with a close personal relationship within the same department, division, or work group, and ~~strongly discourages~~ does not allow the establishment of supervisor/employee relationships between relatives, domestic partners or persons otherwise having ~~with~~ a close personal relationship. However, the Town does not

discourage the employment of related persons working in different departments or work units.

For the purpose of this section, domestic partners are further defined as two persons who have established financial and legal ties, such as a joint mortgage, health care power of attorney, beneficiary of will or insurance policies, or other similar financial and/or legal relationships.

SECTION 2

This ordinance shall be effective upon adoption.

This the 24th day of April, 1995.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE O-8e. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE CHANGING CHAPTER 2 OF THE TOWN CODE REGARDING DISCLOSURE OF FINANCIAL INTERESTS OF THE MAYOR AND TOWN COUNCIL MEMBERS (95-4-24/O-8e)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council amends Chapter 2 of the Town Code as follows:

SECTION I

In ARTICLE III of Chapter 2, Sec. 2-49 is hereby rewritten as follows:

Sec. 2-49. Property disclosure.

The Mayor and every member of the Town Council of the Town of Chapel Hill shall disclose any legal, equitable, beneficial or contractual interest he/she may have in any real property within the Town of Chapel Hill, the Town's extraterritorial planning jurisdiction and the Town of Chapel Hill transition area, as established in the Orange County/Carrboro/Chapel Hill Joint Planning Agreement, adopted pursuant to Chapter 233, 1987 Session Laws. The real property which must be disclosed includes all real property which the Mayor or any member or his/her spouse or registered domestic partner as defined in Chapter 1 of the Town Code, if any, holds title to, individually or jointly, any real property held in trust as well as any pecuniary interest he/she may have in any business, firm or corporation of whatever nature, which holds title to or has any ownership interest in any real property within the Town of Chapel Hill, the Town's extraterritorial planning jurisdiction and the Town of Chapel Hill transition area, as established in the Orange County/Carrboro/Chapel Hill Joint Planning Agreement, adopted pursuant to Chapter 233, 1987 Session Laws. Such disclosure shall contain the general location of the real property, but need not include its value.

SECTION 2

This ordinance shall be effective upon adoption.

This the 24th day of April, 1995.

COUNCIL MEMBER CHILTON MOVED ADOPTION OF RESOLUTION R-11a.

Council Member Capowski proposed an amendment to Resolution R-11a to include a statement that noting that the Manager would particularly study this area to assure that the definition of rooming houses and duplexes was not changed by this resolution.

Mayor Broun said he did not believe this was the appropriate forum for doing so. Council Member Capowski withdrew his proposed amendment.

THE MOTION WAS SECONDED BY COUNCIL MEMBER WALDORF. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THE TOWN MANAGER TO REVIEW THE DEVELOPMENT ORDINANCE FOR POSSIBLE CHANGES REGARDING THE DEFINITION OF FAMILY AND REGARDING RELATED MATTERS (95-4-24/R-11a)

BE IT RESOLVED by the Council directs the Manager to prepare a report and recommendations regarding potential changes in the Development Ordinance to define a family and/or related persons as including domestic partners, and regarding related matters.

This the 24th day of April, 1995.

Council Member Powell reiterated her suggestion to amend Resolution R-11c to charge a fee to dissolve a registered domestic partnership.

Lightning Brown asked the Council to keep the language in the resolution as simple as possible.

Mayor Broun proposed that the resolution be amended to say that the fee for registration or dissolution should be $50.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION R-11c AS AMENDED (9-0).

Council Member Capowski asked whether the registration and dissolution documents would be public documents. Mr. Karpinos answered yes.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING REGISTRATION OF DOMESTIC PARTNERS

(95-4-24/R-11c)

BE IT RESOLVED by the Council authorizes the Manager or Manager's designees to register domestic partners as follows:

* Registration may occur in the Town Clerk's Office by signatures of the domestic partners affirming their partnership in the presence of a Town employee who is a notary public.

* The fee for registrations or dissolutions shall be $50 or such amount as may be established by resolution of the Council from time to time.

* The Town Manager may establish administrative procedures for registration and dissolutions of domestic partnerships.

This the 24th day of April, 1995.

Item 10 Proposed Policy on Sidewalk Dining in Town Center Zones

Planning Director Roger Waldon gave a brief description of the ordinance before the Council this evening. He said the ordinance would permit the sale of food and non-alcoholic beverages and would permit tables and chairs to be placed on sidewalks in designated areas. Mr. Waldon said the time for the sale of food was proposed to be 8 a.m. to midnight. He said vendors would be required to apply for a revokable permit so that if any ordinance violations occurred the Manager could temporarily or permanently revoke a permit. Mr. Waldon stated it would also specifically designate the areas where sidewalk dining would be allowed and would also give specific requirements of the type of furniture that would be allowed. He said staff recommended that the Council adopt Ordinance O-11 which would go into effect on May 8th.

Council Member Pavão asked whether a restaurateur could encroach into a neighbor's space with that neighbor's authorization. Mr. Waldon said no, the language was structured so that a business could not assign or delegate their space to another.

Council Member Pavão asked whether the three feet from the curb required was flexible. Mr. Waldon said no. Mr. Horton said additional language might be included to make this absolutely clear and it would be brought back to the Council on May 8th.

Mayor Broun asked whether this item could be passed adopted this evening and amended at a later date. Mr. Horton said yes.

Council Member Powell asked if the proposed fee was for $50 per area. Mr. Horton said yes, if someone owns two areas, the fee would be $100.

Council Member Protzman said he was concerned about the requirement for furniture and asked whether the Appearance Commission could comment on this element. Mr. Waldon said staff would attempt to elicit comment from the Appearance Commission prior to May 8th. Council Member Protzman also asked if it was feasible to have a trial period of perhaps one year. Mr. Horton said that if that was what the Council wanted, then his recommendation would be not to change the Code of Ordinances at this time.

Council Member Capowski asked whether the Manager was confident that alcohol could be controlled through this ordinance. Mr. Horton answered yes, that the owner would be responsible. He said that any consumption of alcohol in public or possession of an open container would violate the law and violators would be arrested.

Council Member Capowski questioned the 8 a.m. beginning hour. He asked why it could not begin at 6:30 a.m.? Mr. Horton responded that street cleaning and garbage removal took place in the early morning hours. Mr. Horton said 7 a.m. would be the earliest time he would recommend.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE O-11, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL CODE OF ORDINANCES TO ALLOW CERTAIN SALES ON SIDEWALKS (95-4-24/O-11)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: Section I. Article VI of Chapter 17 of the Code of Ordinances is hereby amended to read as follows:

"ARTICLE VI. SALE OF MERCHANDISE ON

SIDEWALKS, PUBLIC STREETS

Section 17-76. Legislative findings.

The Council hereby finds that:

(a) Increasing the vitality of the Town Center-1 and -2 zoning districts is in the best interest of the citizens of the Town of Chapel Hill and the public health, safety and welfare;

(b) The Town Center-1 and -2 zoning districts are in need of special efforts to enhance their vitality; and such efforts will promote the public health, safety and welfare;

(c) Permitting limited sales of food and non-alcoholic beverages by businesses adjacent to public sidewalks in the Town Center-1 and -2 zoning districts will enhance the vitality of the downtown area of Chapel Hill and the health, safety and welfare of the citizens of the Town.

Section 17-77. General prohibition; exceptions.

Except as otherwise provided in this article, it shall be unlawful for any person to display, by arranging or placing or carrying upon any public street or sidewalk or by placing or upon any tree, post, table, or other structure or vehicle situated upon the public right-of-way of any street or sidewalk within the town for the purposes of sale or barter or for any person to sell, rent, offer for sale, or barter any goods, wares, merchandise or commercial products of any kind on any public street or sidewalk within the Town.

Section 17-78. Charitable Sales.

Civic organizations or other groups engaged in charitable or fund-raising drives for community service may apply directly to the town manager for a temporary permit to display, sell, rent, offer for sale, or barter any goods, wares, merchandise or commercial products of any kind on the public streets and sidewalks of the town.

Section 17-79 through 17-81. Reserved.

Section 17-82. Selling adjacent to intersections.

No selling done pursuant to a permit issued under this article shall be permitted within fifty (50) feet of the right-of-way at any intersection.

Section 17-83. Display on sidewalk permitted.

The holder of a temporary permit under this article may display articles for sale on the sidewalk in such a manner as not to block any cross walk or impede the orderly flow of pedestrian traffic on any sidewalk or public street.

Section 17-84. Reserved.

Section 17-85. Application of article to sale of article on University of North Carolina property, sale of newspapers, magazines and ~~food~~ certain farm products.

The provisions of this article shall not apply to the sale of any article on private property or on the property of the University of North Carolina, nor to the sale of newspapers and magazines, nor to farm products exempted under North Carolina General Statute 105-53 (c), provided such sales do not interfere with or impede the orderly and safe flow of pedestrian or automotive traffic.

Section 17-86. General requirements for exceptions to this article.

Sale and offering for sale of food shall be subject to the following requirements:

(a) The sale of food under this article shall be limited to the further restrictions in this article.

Owners of property with street frontage in the Town Center-1 and -2 zoning districts may use the sidewalk area in front of their business with the permission of the Town Manager. The Town Manager shall determine where sales are permissible on the basis of whether room is available in front of each business to permit at least six feet of clear passage for pedestrians and all other restrictions of this article in addition to the space used for sales. This minimum clear passage width may be increased if the Town Manager determines it necessary in specific locations to provide adequate and safe pedestrian flow.

(b) Sales permitted under this article shall be within the Town Center -1 and-2 districts as defined in the Chapel Hill Development Ordinance and Zoning Atlas.

(c) Chairs and tables and related barriers, approved by the Town Manager, may be placed on the sidewalk; these tables and chairs and related barriers shall have a maximum height of 4 feet and shall have a maximum length of 5 feet and a maximum width of 3 feet.

(d) Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.

(e) Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least 6 feet wide, or at least 6 feet of width of normally travelled area if there is no paved sidewalk; and shall leave clear for access purposes an area at least 3 feet wide next to the curb or edge of public streets where parking or standing of vehicles is permitted.

(f) Sidewalk sales under this article shall not be conducted:

(1) within 10 feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped people.

(2) in any manner which damages or endangers any tree or shrub; within the area of a tree grate, fence or other protective device; or in the area of the roots of a tree or shrub if such area is unpaved, and/or within 10 feet of the base of the tree or within 3 feet of the base of the shrub.

(3) in intersection or bus stop areas pursuant to Section 17-82.

(g) The chairs and tables and any related barriers placed on the sidewalk must be removed by midnight and may not be placed on the sidewalk prior to 7:00 a.m. The chairs and tables and any related barriers must be removed in inclement weather.

Section 17-87. Variances Permitted.

Where the manager determines that strict compliance with any dimensional regulations (including those related to the size of furniture) of this Article would preclude use of the sidewalk for sidewalk sales otherwise permitted and further determines that a variance from the strict dimensional requirements would not in a specific case substantially interfere with the public's use of the sidewalk or the rights of adjoining property owners, the manager may grant variances of up to 20 percent of any dimensional regulation.

Section 17-88. Sidewalk sales by downtown businesses.

A business in the Town Center -1 and -2 zoning districts which (a) occupies building space at street level and (b) immediately fronts on and shares a common boundary with a public sidewalk, or is separated from such sidewalk only by landscaped areas, may, upon receipt of a permit from the Town, sell food on the portion of the sidewalk directly in front of and nearest each business's respective space within the building subject to the following:

(a) if two or more businesses with street level frontage occupy the same property, each shall be limited to the portion of the sidewalk directly in front of and nearest each business's respective space within the building.

(b) Use of the public sidewalk area under this section shall not obstruct the entrances or exits of any building, and shall not interfere with or impede the safe and orderly flow of pedestrian traffic.

(d) A business permitted to sell under this section may only sell food and non-alcoholic beverages and may not assign or delegate its space or authority under this section to other persons.

(e) A business which vacates a building location shall not use the public sidewalk in front of such location.

(f) A business which occupies no building space at the street level shall not conduct sidewalk sales under this section.

(g) Before conducting sidewalk sales under this section, the business shall agree to indemnify the Town from any damages or claims and shall provide evidence of a general liability insurance policy, which policy names the Town as an additional insured, with minimum liability coverage of $100,000 per person bodily injury; $300,000 per occurrence bodily injury and $25,000 per person occurrence property damage.

(h) The Town Manager reserves the right to revoke the permit to place tables and chairs and related barriers on the public right-of-way, if any conditions of approval are not met, and to temporarily suspend permits during times of special events in the downtown area.

Section 17-89. Reserved

Section 17-90. Application requirements and procedures.

The Town Manager may prescribe application requirements and procedures. "

SECTION II

This ordinance shall be effective May 8, 1995.

This the 24th day of April, 1995.

Item 11 Study of Operationalizing Sustainability Principles

Council Member Brown thanked the students who had worked on this project for their hard and diligent work.

Dr. David Brower, a professor in the UNC Department of City and Regional Planning, was present with four of the five students (Will Allen, Kevin Krizek, Susan McConville & Ron Sessem) who had prepared the report before the Council this evening.

Mr. Krizek gave a brief description of the report and the key points. He stated that the Town was not the small village that it once was. Mr. Krizek said that growth had altered the Town's overall character and the Town had experienced significant growth and wide-ranging changes over the years. He said the primary trend with respect to land use in the Town had been toward single-family residential development on large lots.

Mr. Krizek said he and his colleagues believed this conflicted with many of the Town's stated goals because it increased auto dependency, reduced the chance for viable public transit provision, resulted in high housing prices and property taxes, and depletion of land resources.

Susan McConville stated the next steps involved five areas: the consensus building process, creating a Sustainable Development Policy document and a Sustainable Development check list, identifying indicators, and introducing Sustainable Development into current planning activities. She gave a brief description of each of these items and how they applied to sustainable development.

Council Member Evans thanked the students, saying the report was both informative and enlightening. She said that consensus building was very important in this community and appreciated all the work the students had done.

Mayor Broun said this was an excellent working document and looked forward to using it.

Council Member Brown thanked Dr. Brower for his supervision in the preparation of the document.

Council Member Pavão said the report was clear and well‑written, and added his thanks to Dr. Brower and his students.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION R-13.

Council Member Waldorf inquired whether language should be added to the resolution concerning transmittal of the document to the Carrboro Board of Aldermen, Horace Williams and Mason Farm Committees, Town of Hillsborough, Triangle J Council of Governments, the Durham County Planning Department, the Town's Planning Board, and the public library on Library Drive.

THE MOTION, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION RECEIVING WITH THANKS A REPORT BY UNIVERSITY OF NORTH CAROLINA STUDENTS WHO STUDIED PRINCIPLES OF SUSTAINABILITY AND HOW THEY CAN BE OPERATIONALIZED IN CHAPEL HILL; AND REFERRING THE REPORT FOR COMMENTS (95-4-24/R-13)

WHEREAS, the Council of the Town of Chapel Hill has agreed to evaluate the concept of sustainability and how it could be applied in the Town of Chapel Hill; and

WHEREAS, the Council has supported the work of a class led by David Brower of the UNC Center for Urban and Regional Studies in studying principles of sustainability and how they can be operationalized in Chapel Hill; and

WHEREAS, the students have submitted a report thereon to the Town Council on April 24, 1995;

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

1. Receive with thanks the students' report to the Town Council on April 24, 1995, regarding operationalizing principles of sustainability in Chapel Hill.

2. Refers the report to interested boards and commissions, the Carrboro Board of Aldermen, Horace Williams and Mason Farm Committees, Town of Hillsborough, the Triangle J Council of Governments, Durham County Planning Department, Chapel Hill Planning Board, the Chapel Hill Public Library, and to the Town Manager for reports back to the Council by September 26, 1995, at which time the Council will consider scheduling a public forum on the concept of sustainability, the report received on April 24, 1995 and comments from Town boards and commissions and the Manager.

This the 24th day of April, 1995.

Item 12 Elementary School and Neighborhood Park Facilities

Council Member Waldorf stated that the developer of the Southern Village had expressed a willingness to talk with local government representatives regarding possible school sites. She stated that benefits of neighborhood schools were there convenience and desirability.

Gay Eddy urged the Council to move ahead toward intergovernmental cooperation. She said governmental cooperation across jurisdictional lines had experienced great success in other areas, and felt that it would work well in this instance.

Debbie Wallin said she supported the proposed resolution. She thanked the Council for their cooperative spirit when working with the city schools and for authorizing the Manager to work collaboratively with the city schools. Ms. Wallin said this resolution also reflected a cooperative spirit on the part of the developer of the Southern Village.

Matthew Barton stated that the Southern Village would consist of about 1000 residences when fully built-out. He said this might account for an additional 300 plus students in this area. He said the capital needed to accommodate this many students was huge. Mr. Barton said right now the local schools were about 20% over capacity, and when the two new schools were built it would barely accommodate existing needs. He said that when developers proposed large residential developments, they should be required to provide the land and maybe even some capital to build a school to accommodate these new students. He asked the Council to help preserve educational quality in the Town by helping to alleviate overcrowding in local schools.

Mayor Broun said he had received a telephone call from Ken Touw, Chairman of the School Board, supporting the Council's efforts about this matter.

Council Member Pavão said he and Council Member Waldorf had received great cooperation while researching these concepts and hoped this would continue.

Council Member Evans thanked Council Members Waldorf and Pavão for their taking the initiative to bring this proposal before the Council.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION R-14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING IN CONCEPT THE NEED FOR INTERGOVERNMENTAL COOPERATION FOR CONSTRUCTION OF A NEW SCHOOL AND PARKS AND RECREATION FACILITIES SOUTH OF CHAPEL HILL (95-4-24/R-14)

WHEREAS, the Southern Village development and nearby existing neighborhoods will provide a cluster of population in the area south of the present Town limits as planned in the Southern Small Area Plan as adopted by the Town Council; and

WHEREAS, the Town of Chapel Hill owns about 80 acres which were acquired in the 1980s for a future Southern Community Park near Dogwood Acres and the now-planned Southern Village; and

WHEREAS, the Town Council has an interest in transportation, parks and recreation, resource conservation and other matters related to construction of a future school and public parks and recreation facilities south of the present Town limits; and

WHEREAS, the Board of Education for the Chapel Hill-Carrboro City Schools, the Orange County Board of Commissioners and the Town Council have the opportunity now for timely cooperation among the localities and with the Southern Village developer to address objectives of each party;

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby:

1. Endorses the concept of intergovernmental cooperation for construction of a new elementary school and public park and recreation facilities in the Southern Village/Southern Community Park area; and

2. Designates Council Member Lee Pavão and Council Member Rosemary Waldorf to participate in discussions with other local government representatives and with the developer of the Southern Village regarding intergovernmental cooperation for construction of a new elementary school and public park and recreation facilities in the Southern Village/Southern Community Park area; and

3. Requests that the participants in the discussions make a status report to the governing bodies by June 26, 1995.

This the 24th day of April, 1995.

The Council decided by acclamation to designate Council Members Waldorf and Pavão as the Council's representatives to participate in discussions with other local government representatives and with the developer of the Southern Village.

Item 13 Intergovernmental Planning of Parks and Recreation

Facilities and Services in Orange County

Parks and Recreation Director Mike Loveman briefly described the matter before the Council. He stated that in September, 1994 the Orange County Assembly of Governments had discussed equity and efficiency issues related to the delivery of local government services and reached a consensus that local government staffs make recommendations to their governing bodies about opportunities for joint planning for, and use of, capital improvements for recreation services. Mr. Loveman stated it was agreed that the Town of Carrboro would be the lead jurisdiction.

COUNCIL MEMBER POWELL MOVED TO ADOPT RESOLUTION R-15 WITH THE INSERTION OF COUNCIL MEMBER WALDORF'S NAME AS THE TOWN'S REPRESENTATIVE TO THE WORK GROUP.

Council Member Waldorf proposed amending the resolution in the third "Whereas" paragraph to say "semi-annually" rather than "annually".

COUNCIL MEMBER WALDORF SECONDED THE MOTION. THE MOTION AS AMENDED WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A PROCESS FOR DISCUSSING COUNTY-WIDE RECREATION AND PARKS SERVICES AND APPOINTING REPRESENTATIVES TO A JOINT WORK GROUP (95-4-24/R-15)

WHEREAS, the Orange County Assembly of Governments requested that the local government staffs make recommendations to their governing boards about opportunities for joint planning for and use of capital improvements for recreation and park services; and

WHEREAS, a proposed process has been recommended which includes a work group consisting of two representatives from each jurisdiction and the two school systems; and

WHEREAS, the charge of the work group would be to consider how the governing bodies can provide the best park and recreation services to the most people at the least cost, and to report periodically, but not less often than annually, to each of the governing bodies; and

WHEREAS, the Town of Carrboro would be the lead jurisdiction in this process; and

WHEREAS, the first focus of this process would be to explore areas of coordination and joint planning for recreation and park services that can be improved by formal working arrangements with the local school jurisdictions, and to consider the possibility of developing a public-private association of recreation providers in Orange County; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the proposed process for discussing county-wide recreation and parks services.

BE IT FURTHER RESOLVED that the representatives for Chapel Hill on the work group for this process be Town Council Member Rosemary Waldorf, and the Chair of the Parks and Recreation Commission.

This the 24th day of April, 1995.

Item 14 West Franklin Street Area On-Street Parking

Planning Director Roger Waldon said the item before the Council this evening was in response to a request by the Council that on-street parking along West Franklin Street be evaluated and to determine whether additional parking could be added at any locations. Mr. Waldon said staff had investigated conditions on West Franklin Street to determine whether parking could be added on the street without creating safety problems, significantly reducing the roadway capacity, or limiting reasonable ingress/egress for adjacent properties. He noted that the section of West Franklin Street between Columbia and Mallette Street was striped as a five-lane roadway. Mr. Waldon said there were two travel lanes in each direction with a center turning lane. He said no parking was permitted along either side of West Franklin within this section. Mr. Waldon also said the section of West Franklin Street between Mallette Street and Merritt Mill Road was striped as a four-lane roadway and contained two travel lanes in each direction but did not have a center turning lane. He said metered parallel parking was permitted at various locations on both sides of West Franklin Street within this section. He said staff had also evaluated sight distances at the various intersecting roadways and driveways located within the study area.

Josh Gurlitz stated he encouraged the Council to continue discussion with the NC Department of Transportation with a goal of adding on-street parking on West Franklin Street. He urged the Council to adopt Resolution 16.

Mayor Broun agreed with Mr. Gurlitz, saying his goal in promoting this was to promote business and make the area more pedestrian-friendly. Mayor Broun said he was convinced this idea was worth exploring and realized the Town would not be able to add many spaces because of the configuration, but felt it was worth continuing discussions with the State Department of Transportation.

Council Member Evans agreed with Mayor Broun, saying it would slow traffic down in those areas and would make pedestrians feel safer.

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

A RESOLUTION RECEIVING A REPORT ON POSSIBILITIES FOR ADDING ON-STREET PARKING TO WEST FRANKLIN STREET, AND DIRECTING FURTHER DISCUSSIONS WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (95-4-24/R-16)

WHEREAS, the Chapel Hill Town Council has requested a report on possibilities for adding on-street parking to West Franklin Street; and

WHEREAS, the Town Manager has prepared such a report, outlining possibilities and concerns;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council receives the "Report on Parking on West Franklin Street," dated April 24, 1995.

BE IT FURTHER RESOLVED that the Council directs the Town Manager to initiate further discussions with the N.C. Department of Transportation, toward the goal of adding on-street parking to West Franklin Street.

This the 24th day of April, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, THAT THE COUNCIL GO INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING A PENDING LAWSUIT IN WHICH THE PARTIES WERE PHIL ROMINGER, GERNADINE ROMINGER, THE TOWN OF CHAPEL HILL AND THE TOWN OF CHAPEL HILL BOARD OF ADJUSTMENT.

No report followed the closed session.

The regular meeting concluded at 9:50 p.m.