Mayor Howes called the meeting to order at 7:31 p.m.

Council Members present were Julie Andresen, Joyce Brown, Joe Herzenberg, Alan Rimer, Nancy Preston, James C. Wallace, Arthur Werner, and Roosevelt Wilkerson. Also in attendance were Student Liaison to the Council Win Burke, Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Engineering Director George Small, Transportation Director Bob Godding, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 3c 1991 Junior Olympics

Bob Baxter, representing the Athletic Congress of the United States 1991 Junior Olympic Games, stated that each year the Junior Olympics averages 8,000 participants, ages 8 - 18 years old. He said the participants come from all over the United States and are all potential first-class athletes. Mr. Baxter stated that the Junior Olympics, scheduled to be held on Fetzer Field on the UNC campus from July 23 through July 28, 1991, were projected to have a potential $5 million impact on the local economy. He said more than 12,000 visitors were expected to attend the event. He said that the event had the potential to attract national and international events to the Chapel Hill area. Mr. Baxter said the Junior Olympic Committee was requesting a grant of $20,000 from the Town, four-tenths of one percent of the projected economic impact. He also asked the Council to consider providing transit services to Fetzer Field and into the Town for shopping and dining.

Mr. Baxter stated that all Junior Olympic staff members were volunteers. He stated that the University would realize gate receipts, but all other profits would be put back into Junior Olympics programs.

Paul Tripodi, a Chapel Hill business owner, highlighted the potential impact of the Junior Olympics on the area business community. He said that the summer was traditionally a slow period for area businesses due to the decrease in the student population. He stated that the businesses needed the income the Junior Olympics would bring to the Town.

Mayor Howes asked whether a specific funding request for $20,000 was being made by Junior Olympics. Mr. Baxter replied yes. Mayor Howes remarked on the success of the 1986 United States Sports Festival and the excitement associated with it. Mayor Howes said this type of event which brings prestige to the Town and State. Mayor Howes stated the Council should carefully consider the request in light of current budget constraints and the cost of transit services.

COUNCIL MEMBER PRESTON, SECONDED BY COUNCIL MEMBER HERZENBERG, MOVED TO REFER THIS MATTER TO THE MAYOR AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 3d Meeting between OWASA Board and Town Council

Council Member Andresen requested that staff arrange a meeting with the Orange Water and Sewer Authority Board for a question and answer session. She stated that she did not receive a clear picture of the future at their annual dinner.

Council Member Wallace said he was in favor of this request, but staff should select a time agreeable to the Council.

Council Member Andresen introduced Valery Marfitzen, an exchange student from Leningrad. She welcomed him to Chapel Hill on behalf of its citizens, and stated that he had indicated to her that he liked Chapel Hill very much because it was peaceful, friendly

clean and intellectual.

Mayor Howes stated that the Assembly of Governments would be meeting on Wednesday, November 14th between 5:00 and 8:00 p.m. in the OWASA Community Room, 301 Jones Ferry Road, in Carrboro.

Item 4

Minutes of October 13, 1990

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF OCTOBER 13, 1990 AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Minutes of October 16, 1990

Council Members Herzenberg and Preston each requested one revision to the minutes of October 16th.

COUNCIL MEMBER PRESTON, SECONDED BY COUNCIL MEMBER HERZENBERG, MOVED TO ADOPT THE MINUTES OF OCTOBER 16, 1990 AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Minutes of October 29, 1990

Council Members Andresen, Brown and Preston had several revisions to the minutes of October 29. Council Member Andresen suggested that these minutes be revised and brought back at a later Council meeting.

COUNCIL MEMBER PRESTON, SECONDED BY COUNCIL MEMBER ANDRESEN, MOVED TO DELAY ADOPTION OF THE OCTOBER 29, 1990 MINUTES. THE MOTION WAS ADOPTED UNANIMOUSLY.

Item 4.1 Report on Horace Williams Airport

Mayor Howes called the Council's attention to a letter that had been received from Charles Antle. He suggested that it be referred to staff since the volume of material received was extensive.

Rosemary Waldorf, representing Citizens for Airport Planning, stated that her group has been working in good faith with the University to find solutions to their concerns regarding Horace Williams Airport. She highlighted the requests her organization had made to the University, the most important being private designation, no night flying between 9 p.m. and 6 a.m., no recreational flying, and a request that NCDOT install monitoring devices.

Ms. Waldorf stated that the University had rejected all of these requests. She said her organization felt that the University evidently wanted to monitor itself, which means no restrictions. She stated that the 4,000-foot runway invites turbo-props to the Airport. She stated that air traffic at Horace Williams Airport had doubled in the past ten years. Ms. Waldorf said that Citizens for Airport Planning believed that the University was under pressure by users of the Airport to expand. Ms. Waldorf premised this conclusion on the existence of the flight school, larger hangars, the recently installed instrument approach system, and upgraded runway lights.

Ms. Waldorf stated that her purpose for speaking this evening was to petition the Council to find a means to place local restrictions on the University concerning the regulation of Horace Williams Airport. She urged the Council to apply its power to use the Noise Ordinance, Zoning Ordinance and any other means at its disposal to stop growth in the level and types of uses at Horace Williams Airport.

Council Member Andresen said she shared Ms. Waldorf's disappointment in the University's failure to control the facility's growth, and asked the Council to further examine the issue in the future.

Council Member Rimer said that there must be a balance between the desires of citizens and airport users. He stated that AHEC pilots needed and deserved the safety features which were installed at the airport. He requested that staff explore ways to satisfy these safety issues and limit transient use of the airport facility. He also requested data on transient use.

Council Member Herzenberg asked Ms. Waldorf how the time periods for data gathering had been selected.

Council Member Wallace asked if it could be expected, in the foreseeable future, that the University would get involved in relocating the airport. He also inquired about the likelihood of a successor airport. He noted that it was impossible to safely extend the present airport. Council Member Wallace also questioned whether the airport would flip flop from private to public designation in the future. Council Member Wallace stated that Horace Williams should be left as is in light of the public/private designation argument, and that the Council should review the status of the facility at least biannually.

Council Member Andresen expressed her concern about the short-term future of the airport. Council Member Wallace said it was not enough for the Chancellor to say the University would continue to monitor the airport.

Mayor Howes asked the Council if their preference was to refer this matter to the Manager and Attorney for a report after the first of the year.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Chesley Subdivision, Phase V

Planning Director Roger Waldon highlighted the issues raised at the earlier public hearing, including roadway improvements, effects on the Resource Conservation District, drainage, bike lanes and provision of recreation areas.

Mr. Waldon said the applicant proposed one point of access into the subdivision. He said staff felt that two points of access were needed for emergency access and smooth traffic flow. He stated that Weaver Dairy Road would ultimately be straightened and connected to Sage Road. He said that if this did not occur, the staff would suggest aligning the entrance of the subdivision with Chandler's Green.

Mr. Waldon stated that questions had been raised concerning the proximity of the second proposed access to the RCD. He said that during a previous phase of Chesley, the applicant was not allowed to cross the RCD because the crossing would have been extensive. He stated that the current proposal to cross the RCD would cross the buffer zone and was flatter. He also stated that a change in the RCD regulations had relaxed some restrictions in the development ordinance.

Mr. Waldon stated that stormwater runoff was the main drainage concern. He noted that one of the conditions of approval addressed stormwater runoff.

Mr. Waldon noted that the Transportation Board had recommended the provision of a bicycle lane along Weaver Dairy Road, while the staff did not concur with this recommendation. Mr. Waldon said the staff's revised recommendation was to require such a bicycle lane.

Mr. Waldon stated that the recreation area proposed was suitable and was recommended for inclusion in the conditions of approval.

Mike Neal, Assistant Town Engineer, discussed the basic drainage patterns in the Chesley V subdivision. He stated that part of the site drained into existing phases of Chesley subdivision. He noted that one item of concern at the public hearing was stormwater runoff. Mr. Neal used slides to depict stormwater runoff patterns in the area.

Mr. Waldon briefly summarized the Manager's recommendation, Resolution A.

The applicant, Sally Jessee, requested that Resolution D be adopted. She said that adoption of Resolution A would make the feasibility of the project questionable. She stated that the proposed access would be dangerously close to the Weaver Dairy Road entrance, and only four hundred feet from the Chandler's Green subdivision entrance. Ms. Jessee noted that the estimated traffic count from the second access was only eight to ten vehicles per hour.

Ms. Jessee requested clarification of conditions #1 and #2 in Resolutions A and D, and condition #8 in Resolution A and condition #7 in Resolution D. She suggested adding the phrase "for on-site development" to condition #8 in Resolution D and to condition #7 in Resolution A.

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

Council Member Andresen said this was the second time the staff had recommended a second access point for the Chesley Subdivision. She stated that she agreed with Ms. Jessee that the second access point would create sight distance problems if aligned with Chandler's Green subdivision. Council Member Andresen also stated that efforts should be made to save existing larger trees in the area.

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

Council Member Rimer stated that the drainage structures were constructed on the assumption that the ten-year storm runoff would not be exceeded. He said that the planned cul-de-sac was six hundred to seven hundred feet long and was not excessive. Council Member Rimer said that if this cul-de-sac is utilized, then one access meets the guidelines of the Design Guidelines.

Council Member Werner expressed concern about the proposed drainage system. He said the slides showed many areas that would be impacted. Council Member Werner added that this runoff would rush down to Booker Creek Apartments, which were already experiencing significant flooding problems. Council Member Werner said in his opinion, approval of this project, as proposed, would make the drainage situation worse. He said he could not vote for any proposal that did not adequately address drainage facilities.

Council Member Andresen inquired whether Council Member Werner was concerned about proposed Town maintenance of drainage ponds. Council Member Werner said no, adding that this was a very minor item. He said he was concerned about making an bad existing drainage situation even worse.

Town Engineer George Small stated that the drainage from this development would pass behind Booker Creek Apartments and would not impact the apartments.

Assistant Town Engineer Mike Neal pointed out anticipated drainage flow patterns on an exhibit map. He said that in his opinion, drainage from this development would not affect Booker Creek Apartments, since flows would be diverted behind the apartments.

Council Member Werner asked whether the Town had analyzed the existing drainage channel. He noted that the Town did not do a downstream analysis for Kirkwood, and inquired why one was not being performed in association with Chesley, Phase Five. Town Engineer Small stated that developers, not Town staff would undertake this type of analysis. Council Member Werner suggested that an analysis of this type be performed in the near future.

Council Member Rimer stated that Chesley and Kirkwood were two separate and distinct developments. He stated that the most the Town could reasonably request was for drainage channels to sustain a ten-year flow.

Council Member Brown requested clarification of the Town's position on drainage facilities. Town Manager Horton briefly reviewed the Town's drainage policies, noting that the rate of run off from the site post-development should not exceed the rate prior to development.

Council Member Brown inquired about responsibility for maintenance of drainage basins. Town Manager Horton responded that a homeowner's association would be responsible for the facilities. He noted that the total area was not very large. He added that the Town's objective was to protect downstream property.

Council Member Brown inquired about the fiscal impact of a drainage system failure. Town Attorney Ralph Karpinos responded that the Council had extensive discretion in how to handle this matter. He added that system failure would be a matter for the private property owner to pursue through the courts.

Council Member Andresen stated that the Town had a responsibility to provide protection to its citizens. She said the Council should give this top priority.

Council Member Rimer stated the Town had asked for ten-year storm detention, and this was all we could prudently do. He stated that if a drainage system were approved incrementally, there would be a tendency to think that all was well. Council Member Rimer said drainage problems were already being experienced. He added that there was a need for thorough drainage analysis to gauge the magnitude of overall system problems.

Council Member Preston stated that the developer had assured the Council that there would be no additional runoff attributable to the construction of Chesley, Phase V. Council Member Preston said the quantity of water would increase, but the rate of flow would not. Town Manager Horton said the proposed structures would only regulate the rate of flow.

Council Member Preston said she shared concerns about existing drainage problems, but her primary concern was access provisions. She inquired about Town roadway access standards. Town Manager Horton stated that design guidelines standards relating to access were not binding on the developer or Council.

Council Member Brown expressed concern that the Council was taking a piecemeal approach to drainage concerns. Council Member Brown said she had difficulty with the Town's development approval process, but did not see how this situation could be quickly resolved. Mayor Howes stated that the Small Area Plan process should address some of these concerns. Council Member Brown noted that the subdivision was in close proximity to an established recreation area.

Ms. Jessee stated she had examined the bike lane issue, and felt this could be handled by restriping of Weaver Dairy Road. Mr. Waldon said this entailed squeezing two four-foot bike lanes onto the roadway without additional pavement, causing significant traffic flow problems. Mr. Small stated that the State preferred not to restrip for bicycle lanes. He said there was no guarantee that the State Department of Transportation would approve this plan.

Mayor Howes suggested that in light of the previous discussion, the language concerning bikelanes be left as drafted, but that if the Council adopted Resolution D, that the phrase "from on-site development" be added to condition #7.

THE MOTION TO ADOPT RESOLUTION D AS PRESENTED WAS PLACED ON THE FLOOR. THE MOTION WAS APPROVED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS BROWN, HERZENBERG, AND WERNER VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR CHESLEY SUBDIVISION PHASE V (90-11-12/R-1d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by Ballentine Associates for Sally Jessee, Marin Properties, on property identified as Chapel Hill Township Tax Map 25, Lot 12, if developed according to Preliminary Plat dated May 29, 1990, and the conditions listed below, would comply with the Development Ordinance.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it finds in this particular case that the proposed subdivision shall be exempted from the land suitability requirements as identified in Subsection 17.9.6(c) of the Development Ordinance.

These findings are conditioned on the following:

1. That Weaver Dairy Road be improved along the property frontage, extending to the proposed realignment of Weaver Dairy Road, to one-half of a 65-foot cross-section with curb and gutter, with a provision for a left-turn lane at both subdivision entrances.

2. That a sidewalk and a 4-foot bike lane be provided along the property frontage on Weaver Dairy Road.

3. That a bus stop (pad and bench), built to Town standards, be added along the property frontage on Weaver Dairy Road. The location of the bus stop shall be approved by the Town Manager and the North Carolina Department of Transportation.

4. That sufficient right-of-way along the property frontage on Weaver Dairy Road be dedicated to accommodate the final alignment of the proposed Sage Road/Weaver Dairy Road connector.

5. That internal streets be constructed to Town standards.

6. That street "A" be built to class B standards; and all other streets and cul-de-sacs be built to class C standards. All streets and cul-de-sacs shall include appropriate right-of-way widths.

7. That the post-development peak discharge of stormwater from on-site development during the 10-year storm shall not exceed the pre-development peak discharge during the 10-year storm.

8. That the final plat indicate a type "D" buffer and restricted access easement along Weaver Dairy Road.

9. That a 20-foot pedestrian/non-motorized vehicle easement be provided on the final plat between lots 15 and 16, and between lots 29 and 30. These easements shall be located so as to connect with a similar easements in the adjacent subdivisions.

10. That the pedestrian access easements and/or greenway easements be indicated on all plats, plans and other documents in the following manner: "Pedestrian and non-motorized vehicle easement."

11. Prior to issuance of any Certificates of Occupancy, signs, approved by the Town Manager, shall be erected within the pedestrian access and/or greenway easements indicating "access trail" to the recreation area.

12. That all recreation area be dedicated to the homeowners' association.

13. That the landscape median at the subdivision entrance be maintained by the homeowners' association.

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

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

16. That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

17. That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

18. That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District.

19. That a note be added to the final plat indicating that refuse collection may be restricted to curb-side service for those lots with steep slopes.

20. That no phasing plan shall be approved for this development.

21. That final street plans, grading plans, stormwater management plans (with hydrologic calculations), and buffer planting and maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit or application for final plan approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

22. That the final utility/lighting plan be approved by OWASA, Duke Power, Carolina Cable, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit. The developer shall be responsible for assuring these utilities, including cable television, are extended to serve all lots within the development expansion.

23. That a fire flow report and detailed construction plans be submitted to the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

24. That detailed construction plans and encroachment agreements for proposed infrastructure additions and alterations be reviewed and approved by the Orange Water and Sewer Authority and by the North Carolina Department of Transportation, as appropriate, prior to issuance of a Zoning Compliance Permit.

25. That the developers shall be responsible for placement and maintenance of temporary regulatory traffic signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

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

27. That prior to paving streets, utility service laterals be stubbed out to the front property lines of each lot. Sanitary sewer at laterals shall be capped off above ground.

28. That plans for improvements to state-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

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

30. That a Landscape Protection Plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

31. That sight distance easements be provided on the final plat.

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

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

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

35. That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

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

This the 12th day of November, 1990.

Item 6 Woods at Laurel Hill, Section 5

Planning Director Waldon stated that there was very little discussion at the public hearing regarding this request. He said the requested modifications were reasonable.

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

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION APPROVING MODIFICATION OF THE WOODS AT LAUREL HILL SECTION V SPECIAL USE PERMIT (90-11-12/R-2a)

WHEREAS, the Chapel Hill Town Council approved a Special Use Permit for the Woods at Laurel Hill Section V on March 10, 1980; and

WHEREAS, the Special Use Permit was modified on August 23, 1982; August 25, 1983; December 12, 1983; and September 11, 1989; and

WHEREAS, the property owner, Laurel Hill Associates, has requested that the Special Use Permit be modified to encumber 292,137 square feet (limited to the boundary of the original Phase I of the Woods at Laurel Hill Section 5); and

WHEREAS, the Council finds in this particular case that public purposes are satisfied to an equivalent or greater degree with the modification of Subsection 13.11 of the Development Ordinance permitting 292,137 square feet of gross land area; 31,400 square feet of floor area; 231,717 square feet of livability space; 266,797 square feet of open space; 28,200 square feet of recreation area; and 15 dwelling units (10 townhomes, 5 single-family homes) on this property in the Residential-2 zoning district;

NOW, THEREFORE, BE IT RESOLVED that the Council approves a modification of the March 10, 1980 Special Use Permit (modified on August 23, 1982; August 25, 1983; December 12, 1983; September 11, 1989) as follows:

Change the Special Use Permit to read:

Site Plan dated: March 1979 (revised January 5, 1982 and

March 15, 1988; received May 21, 1990)

Gross Land Area: 292,137 square feet

Number of Dwelling Units: 15 (10 townhomes, 5 single-family houses)

Floor Area: 31,400 square feet

Open Space: 266,797 square feet

Livability Space: 231,717 square feet

Recreation Area: 28,200 square feet

This the 12th day of November, 1990.

Item 7a The Reserve Subdivision

Planning Director Waldon stated that the only issue raised at the public hearing regarded the proposed location of pedestrian pathways and sidewalks. He stated that the applicant proposed pathways within the recreation area. Mr. Waldon stated that the Manager recommended that pedestrian easements be built within the recreation area, and that pedestrian connections be provided to future developments. Mr. Waldon recommended that several sidewalks be constructed within the site, and stated that these were important pedestrian linkages.

Council Member Andresen stated that pedestrian trails were a good idea, and inquired which types of materials would be used. Mr. Waldon said that something other than grass would be recommended.

Council Member Andresen inquired about construction of streets.

Mr. Waldon replied that the proposed roadway would be consistent with the character of the subdivision.

Sally Jessee, the applicant, stated she was in agreement with Resolution 2a, but questioned the feasibility of condition #11. She also questioned the meaning of the term "pathway" in condition #15. Ms. Jessee asked that the term "tree ordinance" be removed from condition #33, and that condition #3 be modified from a thirty-three foot to a twenty-seven foot roadway without curb and gutter.

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

Council Member Rimer stated that many areas are developed without curb and gutter. He said the Design Guidelines suggest the use of curb and gutter or valley gutter. Town Manager Horton stated that valley gutter does not perform as well as standard curb and gutter.

Council Member Preston asked why the resolution proposed twenty-seven to thirty-three foot roadway. She said this was a very broad range. Mr. Waldon responded that the reason for this variation was to match different parts of the road, which were not uniform width. He added that if the intent of the Council was to maintain a minimum roadway width, then this stipulation allowed flexibility match the existing roadway.

Council Member Wallace said some of the Town's more attractive streets did not have curb and guttering. He added that curb and guttering requirements for the subdivision should be waived, if feasible.

Council Member Andresen inquired about the status of the grass on the sides of the roadway in the event no curb and gutter was installed. Mr. Waldon responded that it would probably not fare very well. He added that pedestrians would also have less protection without curb and guttering. Town Manager Horton stated that some sort of curb and gutter was necessary to prevent raveling of the pavement edge.

Council Member Rimer stated that everything being discussed this evening had been referenced during the development of the Town's design guidelines. He stated that the guidelines were set up to introduce innovative ideas, yet it appeared that there was hesitancy to do so.

Mayor Howes inquired whether the Council would agree to curb and gutter or valley gutter in the development ordinance, with the final recommendation being made by the Town Manager. Town Manager Horton stated he would interpret this to mean the Council wishes were as much valley gutter as possible. Mayor Howes responded that this was correct.

Mr. Waldon stated that condition #11 required dedication of one-half of a one hundred and ten foot right-of-way. He said this was the standard footage for a parkway. Mr. Waldon added that if Laurel Hill Parkway were not constructed, a sixty foot right-of-way would be adequate. Council Member Rimer asked whether it would be possible to maintain the condition at one hundred and ten feet, revising it to 60 feet if the Council rejected the Laurel Hill Parkway proposal in the future. Mr. Waldon responded that this was possible, and that staff would agree to this arrangement.

Mayor Howes questioned the use of the word pathway in conditions #13 and #15. Mr. Waldon stated that gravel could be requested, but other materials should be specified. Council Member Rimer stated that the Cedar Falls Park pathway is rock, consistent with natural surroundings.

Ms. Jessee said she understood that condition number thirty-three required that tree protection fences must be placed around the entire property. Ms. Jessee requested that this condition be modified to require submittal of final plans prior to any land disturbance.

Council Member Brown asked whether there were any public transit services to this area. Transportation Director Bob Godding responded there were presently none.

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

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR THE RESERVE SUBDIVISION (90-11-12/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the subdivision proposed by Laurel Hill Associates on property identified as Chapel Hill Township Tax Map 131, Lots 7, 9A, 19, 20, and 21, if developed according to Preliminary Plat dated May 16, 1990 (revised October 10, 1990) and the conditions below would comply with the provisions of the Development Ordinance.

These findings are conditioned on the following:

1. That a recombination plat, combining approximately 22,500 square feet of land from the northeast corner of the property with the adjacent property, be recorded prior to application for final plan approval.

2. That Rhododendron Drive be built to modified Class A standards with a 27'-33' cross-section, curb and gutter, and sidewalk on at least one side to be approved by the Town Manager.

3. That appropriately tapered left turn and right turn lanes be constructed on Rhododendron drive at the intersection with Parker Road.

4. That cul-de-sacs "A", "B", and "C" be constructed to Class C standards, with a 27' cross-section and sidewalk on at least one side of cul-de-sac "A".

5. That Road "B" be built according to Class B standards with curb and gutter and sidewalk.

6. That Drives "A" and "B" be constructed with a 30-foot right-of-way and that they terminate in T-turnaround configurations.

7. That 10' x 70' sight triangles be provided at each intersection within the development.

8. That radii of 30 feet be provided at intersections.

9. That a vegetative barrier be placed along cul-de-sac "A" at the large fill slope.

10. That the existing gravel section of Parker Road be paved to a 27-foot width, with curb and gutter, from the subdivision entrance west to the current edge of pavement, or that a payment-in-lieu of the roadway improvements shall be made to the Town prior to issuance of a Zoning Compliance Permit.

11. That one-half of a 110-foot right-of-way be dedicated along the Parker Road frontage of the subdivision.

12. That direct vehicular access to Parker Road be prohibited for those lots with frontage on that road.

13. That pedestrian/non-motorized vehicle easements without a pathway be dedicated on the final plat and final plans between lots 6 and 7 and in the area of lot 11.

14. That the pedestrian access easements and/or greenway easements be indicated on all plats, plans and other documents in the following manner: "Pedestrian and non-motorized vehicle easement."

15. Prior to issuance of any Certificates of Occupancy, pathways shall be provided, and signs, approved by the Town Manager, shall be erected within pedestrian and non-motorized vehicle access easements indicating "access trail" to the recreation area.

16. That all recreation area and pedestrian access easements be dedicated to and maintained by the homeowners' association.

17. That the maintenance of the landscaped island on Rhododendron Drive shall be the responsibility of the Homeowners' Association.

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

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

20. That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

21. That no lot be created that would require a Resource Conservation District Variance in order to be built upon.

22. That the final plat indicate the buildable area on all lots which contain a portion of the Resource Conservation District.

23. That a note be added to the final plat indicating that municipal refuse collection may be restricted to curb-side service for those lots with steep driveways.

24. That final street plans, grading plans, stormwater management plans (with hydrologic calculations), and buffer and median planting and maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit or application for final plan approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and Design Manual.

25. That the final utility/lighting plan be approved by OWASA, Duke Power, Carolina Cable, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit. The developer shall be responsible for assuring that these utilities, including cable television, are extended to serve each lot in the development.

26. That a fire flow report and detailed construction plans be submitted to the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

27. That detailed construction plans for proposed infrastructure additions and alterations be reviewed and approved by the Orange Water and Sewer Authority and by the North Carolina Department of Transportation, prior to issuance of a Zoning Compliance Permit.

28. That the developers shall be responsible for placement and maintenance of temporary regulatory traffic signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

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

30. That prior to paving streets, utility service laterals be stubbed out to the front property lines of each lot. Sanitary sewer at laterals shall be capped off above ground.

31. That plans for improvements to state-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

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

33. That tree protection fences be shown on the final plans be installed before the initiation of land-disturbing activities.

34. That sight distance easements be provided on the final plat.

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

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

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

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

38. That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

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

This the 12th day of November, 1990.

Item 8 Parrish Property Rezoning, Second Reading

Town Manager Horton noted that this item was back for a second reading, following a five-four vote of the Council at its October 29th meeting.

Council Member Andresen stated that she was not aware that this was a rezoning, noting that the property being dealt with was zoned commercial and rezoned residential.

Council Member Andresen said this area should be protected since it was on an entranceway. She said the main purpose was to control this area and Conditional Use Zoning was the appropriate tool to do so.

She said that if the Council voted in favor of the ordinance, the property would be downzoned. Council Member Andresen suggested that the Council consider rezoning the property.

Council Member Werner said the area had been rezoned on an areawide basis in March, 1990.

Council Member Wallace stated he felt errors were made when the rezoning occurred, and favored maintaining the property's zoning as R-2.

Mayor Howes stated that the intent of the zoning was to prevent what had recently occurred in the area, the construction of a gasoline/convenience facility. Mayor Howes said the integrity of the Town's entranceways was of paramount importance.

Council Member Brown suggested that the staff examine the Town's existing commercial zoning designations. Mayor Howes said that drawing distinctions between commercial activities is a complicated issue.

Council Member Rimer said he did not understand why the staff recommended the commercial zoning for the Cara-Flora development. Mr. Waldon explained that the staff had not made that recommendation.

Council Member Wallace said he was afraid the Council was about to compound previous rezoning errors in this part of the Town.

Council Member Preston said that the Council was being extremely unfair to the property owner by voting to downzone the tract. She observed that the Parrishes had owned the property since the late 1950's. Council Member Rimer agreed with Council Member Preston, noting that the house on the property could be torn down and another structure constructed without Town approval. Council Member Rimer noted that the burden of proof would be on the Town, and Conditional Use Zoning was the only means for the Town to control the property's use.

Council Member Wilkerson noted that he had initially voted in favor of the rezoning and stood by his earlier decision. He stated the Council would be unfair if the Council did not vote to rezone the property to its previous use. He said that this property was an insignificant portion of the Town's overall eastern entranceway.

Council Member Wallace stated that the Town had an enormous area to deal with, and urged the Council not to compound the error.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 1. THE MOTION FAILED 4-5, WITH COUNCIL MEMBERS ANDRESEN, HERZENBERG, RIMER AND WALLACE, AND MAYOR HOWES VOTING NO.

Council Member Preston asked whether Resolution B from the October 29 meeting could be considered. Town Attorney Karpinos said this would be appropriate since a second reading of the ordinance was involved.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION B. THE MOTION WAS ADOPTED 8-1, WITH COUNCIL MEMBER WALLACE VOTING NO.

A RESOLUTION WAIVING APPLICATION FEES FOR CONDITIONAL USE ZONING (90-10-29/R-5b)

WHEREAS, the Council has recently annexed an area extending into Durham County; and

WHEREAS, the Town Manager has suggested that property owners consider applying for conditional use zoning for property which had commercial uses in the past; and

WHEREAS, the circumstances are unique in that property, prior to annexation, carried a variety of zoning designations assigned by Durham County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council waives the application fees involved with the conditional use/special use application for the Vernon and Emmy Parrish property south of N.C. Highway 54 as shown on Durham County Tax Map 491, Block 5, Lot 13.

This the 29th day of October, 1990.

Item 9 Culbreth Park

Planning Director Waldon stated that Attachment A to the Council memo provided a brief synopsis of the proposal, and that Attachment B served as a supplement. Mr. Waldon highlighted the key differences between the Tandler and Culbreth Park homeownership programs. He said the main item requiring discussion was the difference between this evening's proposal and the proposal approved by the Council in July. He stated that presently the homes in Culbreth Park were valued at approximately $114,000.

He noted that the North Carolina Housing Finance Authority had a ceiling sales price of $92,000, which left a potential $22,000 windfall for new homeowners upon closing. He noted that this equity would be due to the Town. Council Member Andresen inquired whether administrative costs referred to in the attachments would be problematic. Mr. Waldon replied that staff had been aware that programs of this type require additional management responsibilities.

Council Member Andresen asked whether this would create the need for a new position in the Planning or Housing and Community Department. Town Manager Horton stated that he hoped to find an acceptable agency in the community to administer the Culbreth Park program. Council Member Andresen expressed support for this proposal. Town Manager Horton noted the importance of ensuring that the Council's policies were properly administered.

Council Member Andresen stated she was unhappy with the amount of the Town's administrative responsibility. Council Member Wilkerson said his concern matched Council Member Andresen's. He said he was concerned about the amount of time the Planning Department had spent on this project. He noted that there was no staff representation from the Town's Housing and Community Development Department at this evening's meeting. Council Member Wilkerson also inquired about the level of advisory boards in the Culbreth Park project. He stressed the importance of including the Housing Advisory Board in the development of the Culbreth Park project.

Council Member Wilkerson said he did not believe the Planning Department should be in the business of locating funding sources for private developers.

Council Member Preston asked what would happen to the $22,000 equity in the event of declined home selling prices. Town Manager Horton responded that if the real estate market declined, then the appraised value of the homes would decline, so the Town's equity would correspondingly decline.

Runyon Woods stated that if the value of the homes declined, the first portion to be impacted of would be the $22,000 equity, and the second would be the State's share of $7,000. He noted that prices would have to drop by thirty percent in order to erase the $22,000 equity. Mr. Woods said the Manager's recommendation remained unchanged from the original proposal. He also said Housing and Community Development Director Tina Vaughn had been extensively involved in the program's development, as had Housing and Community Development staff member Judy Russell.

Mr. Woods stated that ten units could be ready for occupancy in forty-five days. He added that Council approval of the development agreement was necessary to accomplish this objective.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE CULBRETH PARK COMMUNITY DEVELOPMENT CORPORATION (90-11-12/R-4)

WHEREAS, the Council adopted resolution 90-6-25/R-2 approving and authorizing the Town Manager to execute a Development Agreement with the Culbreth Park Community Development Corporation and to take actions necessary to implement the Town responsibilities; and

WHEREAS, the Corporation has found it necessary to propose an amendment to the draft Development Agreement in order to change the financing structure of the program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the Town Manager to execute the Agreement, substantially as attached.

BE IT FURTHER RESOLVED that the Town Manager is authorized to take actions necessary to implement the Town responsibilities as in the Agreement, to execute documents and minor modifications to the Agreement in accord with the Council's approval of the Agreement.

This the 12th day of November, 1990.

Item 10 Creation of a Solid Waste Reduction Task Force

Council Member Andresen suggested amending the proposed resolution to include the words "to present to the Council and publicize...".

Council Member Wallace suggested the addition of specific date for the receipt of a report from the task force. Council Member Rimer concurred with Council Member Wallace. He added that only one report from the task force would be needed. Mayor Howes suggested the report be made to the Council within six months.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 5 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A WASTE REDUCTION TASK FORCE AND IDENTIFYING ITS CHARGE (90-11-12/R-5)

WHEREAS, the Town of Chapel Hill is taking positive and proactive steps to manage its solid waste both now and in the future; and

WHEREAS, among the several groups working on aspects of solid waste management, none focuses simply on waste reduction efforts by the community;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes a Waste Reduction Task Force to consist of members appointed by the governing body.

BE IT FURTHER RESOLVED that the charge of the Task Force shall be:

. To study ways in which the community can reduce the waste that it generates as well as to determine means to increase recycling and reuse opportunities,

. To present to the Council and publicize these ways within the community,

. To concentrate on actions which can be taken by individuals and businesses now, so as to make a relatively immediate impact on individual habits and waste generation, and

. To report back to the Council within six months of this date.

This the 12th day of November, 1990.

Item 11 Nominations

ALL APPLICANTS TO THE COMMUNITY APPEARANCE COMMISSION AND HOUSING ADVISORY BOARDS WERE NOMINATED.

Item 12 First Quarterly Report Summary--Police Department

Police Chief Gold highlighted the department's activities during the first quarter. He stated that the DARE program was being offered in all six area elementary schools. He said the bicycle patrol was working well, and the canine corp was also performing well. Chief Gold said that major crime had increased by 8%, and that this figure was consistent with State and national crime trends.

Chief Gold noted that the department was experiencing a marked increase in work load. He noted that necessary services were currently being provided, but there would likely be a need for additional personnel in the future, due to an increase in the number of service calls.

Council Member Werner inquired how much time was spent responding to noise ordinance complaints. Police Planner/Analyst Jane Cousins, stated that approximately three percent of Police staff time was spent handling noise complaints. She said that most of these complaints were received between 10 p.m. and 2 a.m. Chief Gold added that approximately forty percent of these calls were in apartment complexes, and another thirty percent were on the University campus.

Council Member Andresen inquired how much time was spent responding to false alarms on the University campus. Fire Chief Dan Jones responded that false alarms may account for as much as forty percent of on-campus calls, but resulted in only a two percent impact on the Police Department.

Council Member Andresen inquired about the percentage increase in assaults. Chief Gold stated that the new domestic violence policy accounted for more arrests for assault, resulting in a higher number of reported assaults.

Council Member Rimer stated that there was a recent article in a local newspaper stating that there were three different gangs in the Chapel Hill area. He requested that the Chief respond to this accounting. Chief Gold responded that gang activity did not currently pose any major problems.

Council Member Rimer said he felt that the Police Department needed to publicize that fact that the public safety system works well in Chapel Hill and provides necessary services to the community. He said there were problems in any system, but that the overall program was a good one.

Chief Gold reiterated that additional staff might be needed in the future to offset increased work loads.

Council Member Werner inquired how the Town compared to other towns concerning special services, such as obtaining entry to cars when citizens lock their keys in them. Chief Gold stated that Town policies vary, but the Town had always tried to meet the needs of residents to the best of their ability.

Town Manager Horton recognized Jane Cousins and Captain Gregg Jarvies as important members of the Police staff who provide valuable information to the Council and to the community.

Chief Gold recognized Ralph Pendergraph, the recipient of the Orange County Human Relations Commission Award, for his work with programs involving women and children. Chief Gold said Captain Pendergraph was a valuable member of the Police Department and the Department was very proud of his accomplishments.

Item 13 Consent Agenda

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6 (CONSENT AGENDA). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES (90-11-12/R-6)

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

a. Mat and seal assessments (R-7.1 through R-7.6).

b. Executing declaration of trust (R-8, 9).

c. Executing changes to public housing annual contributions (R-10).

d. Holiday parade (R-11, R-12, O-2).

e. Triangle J Council of Governments funding (R-13).

f. Surplus buses - contract with Durham (R-14).

g. Lakeview Drive truck movements (O-3).

This the 12th day of November, 1990.

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON COKER LANE (90-11-12/R-7.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Coker Lane in accord with North Carolina General Statutes 160A-228:

______________________________________________________________________________

Tax Map Name Address Front Assessment

Ref. Footage

________________________________________________________________________________

7.69.B.9 Harrie R. Chamberlin 1001 Arrowhead Road 761.80' $ 1,252.78

Elizabeth I. Chamberlin Chapel Hill, NC 27514

7.69.B.10 Allen Torrey 712 Coker Lane 136' $ 223.65

Chapel Hill, NC 27514

7.69.B.11 John W. Scheetz 710 Coker Lane 126.4' $ 207.87

Chapel Hill, NC 27514

7.69.B.12 G. Philip Manire PO Box 158 164' $ 269.70

Ruth Manire Bynum, NC 27228

==============

$ 1,954.00

Note: All assessments are based on a pro-rata front footage basis of the owners property abutting the improvements.

This the 12th day of November, 1990.

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON EVERGREEN LANE (90-11-12/R-7.2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Evergreen Lane in accord with North Carolina General Statutes 160A-228:

________________________________________________________________________________

Tax Map Name Address Front Assessment

Ref. Footage

________________________________________________________________________________

7.60.A.1 Hugh D. Kirkpatrick 208 Glandon Dr. 128' $ 164.90

Chapel Hill, NC 27514

7.60.A.2 I. Glenn Wilson 214 Glandon Dr.

Helen Wilson Chapel Hill, NC 27514

7.60.A.3 Robert G. 220 Glandon Dr. 158' $ 203.55

Kirkpatrick, Jr. Chapel Hill, NC 27514

7.60.A.4 John Ferguson 226 Glandon Dr. 100' $ 128.83

Doris Ferguson Chapel Hill, NC 27514

7.60.A.5 Mr. Authur Deberry 803 N. Buchanan Blvd. 150' $ 193.25

Mrs. Authur Deberry Durham, NC 27701

7.60.A.6 Donald T. Pratt 111 Ridge Lane 132' $ 170.06

Marilyn Pratt Chapel Hill, NC 27514

7.60.A.11 James W. Little 110 Ridge Lane 180' $ 231.89

Chapel Hill, NC 27514

7.60.A.12 Barbara Schutz 300 Glandon Dr. 194.5' $ 250.57

Chapel Hill, NC 27514

7.60.A.13 Donal L. Dunphy 360 Glandon Dr. 195' $ 251.22

Sandra Dunphy Chapel Hill, NC 27514

7.60.A.15 Barbara S. Newton 741 Gimghoul Rd. 200' $ 257.66

Chapel Hill, NC 27514

7.60.A.16 Ralph Young 739 Gimghoul Rd. 100' $ 128.83

Virginia Young Chapel Hill, NC 27514

7.60.A.17 Duncan Macrae, Jr. 737 Gimghoul Rd. 100' $ 128.83

Edith Macrae Chapel Hill, NC 27514

7.60.A.18 Richard C. Boucher 735 Gimghoul Rd. 100' $ 128.83

Kristen Boucher Chapel Hill, NC 27514

EVERGREEN LANE

________________________________________________________________________________

Tax Map Name Address Front Assessment

Ref. Footage

________________________________________________________________________________

7.60.A.20 Barbara White 106 Ridge Lane 70' $ 90.18

Chapel Hill, NC 27514

7.60.A.21 James W. White 105 Ridge Lane 82' $ 105.64

Marion White Chapel Hill, NC 27514

7.60.A.22 Bernice S. Wade 723 Gimghoul Rd. 100' $ 128.83

Chapel Hill, NC 27514

7.60.A.23 Robert H. Schnell 719 Gimghoul Rd. 100' $ 128.83

Chapel Hill, NC 27514

7.60.A.24 Jaroslav T. Folda 715 Gimghoul Rd. 100' $ 128.83

Linda Folda Chapel Hill, NC 27514

7.60.A.25 John D. Kasarda 707 Gimghoul Rd. 200' $ 257.66

Mary Kasarda Chapel Hill, NC 27514

7.60.A.26 Roncisco W. Davis 705 Gimghoul Rd. 85.5' $ 110.15

Lucy Davis Chapel Hill, NC 27514

Intersection Town of Chapel Hill 306 N. Columbia Street $ 42.51

Chapel Hill, NC 27516

===========

$ 3,188.54

Note: All assessments are based on a pro-rata front footage basis of the owners property abutting the improvements.

This the 12th day of November, 1990.

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON GLANDON DRIVE (90-11-12/R-7.3)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Glandon Drive in accord with North Carolina General Statutes 160A-228:

________________________________________________________________________________

Tax Map Name Address Assessment

Ref.

________________________________________________________________________________

7.60.A.13 Donal L. Dunphy 360 Glandon Drive $ 640.74

Sandra Dunphy Chapel Hill, N. C. 27514

7.60.A.15 Barbara S. Newton 741 Gimghoul Road $ 640.74

Chapel Hill, N. C. 27514

7.60.A.19 University of Campus Box 1000 $ 640.74

North Carolina Chapel Hill, N. C. 27599

Gene Swecker

Associate Vice

Chancellor of

Facilities Mngemnt.

7.60.B.18 Pastor J. Paul Byron 740 Gimghoul Road $ 640.74

St. Thomas More Chapel Hill, N. C. 27514

Catholic Church

Intersection Town of Chapel Hill 306 N. Columbia Street $ 29.60

Chapel Hill, N. C. 27514

==============

$ 2,592.56

Note: All assessments are based on an equal per lot basis of the owners property abutting the improvements.

This the 12th day of November, 1990.

A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON MASON FARM PLACE (90-11-12/R-7.4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby confirms the following as the final assessment roll for street improvements on Mason Farm Place in accord with North Carolina General Statutes 160A-228:

________________________________________________________________________________

Tax Map Name Address Assessment

Ref.

________________________________________________________________________________

7.72.C.5 Nancy L. Vernon 1404 Mason Farm Rd. $ 396.45

Chapel Hill, N. C. 27514

7.72.C.6 David G. Basile 1450 Mason Farm Rd. $ 396.45

Chapel Hill, N. C. 27514

7.72.C.7 Helene G. Ivey PO Box 2465 $ 396.45

Chapel Hill, N. C. 27514

Intersection Town of Chapel Hill 306 N. Columbia Street $ 134.53

Chapel Hill, N. C. 27516

==============

$ 1,323.88

Note: All assessments are based on an equal per lot basis of owners of property abutting the improvements.

This the 12th day of November, 1990.

________________________________________________________________________________

Tax Map Name Address Assessment

Ref.

________________________________________________________________________________

7.42.B.10 William F. Little 201 Markham Drive 424.33

Chapel Hill, N. C. 27514

7.42.B.9 Geraldine Gourley 2107 Markham Drive $ 424.33

Chapel Hill, N. C. 27514

7.42.A.10 Geraldine Gourley 2107 Markham Drive $ 424.33

Chapel Hill, N. C. 27514

7.42.C.1A Radford Adams 2100 Markham Drive $ 424.33

Jamie B. Adams Chapel Hill, N. C. 27514

7.42.C.1 Helen L. Weinrich 2104 Markham Drive $ 424.33

Chapel Hill, N. C. 27514

Intersection Town of Chapel Hill 306 N. Columbia Street $ 95.27

Chapel Hill, N. C. 27516

==============

$ 2,216.92

Note: All assessments are based on an equal per lot basis of the owners property abutting the improvements.

This the 12th day of November, 1990.

A RESOLUTION TEMPORARILY CLOSING PART OF HENDERSON STREET ON FRIDAY, NOVEMBER 30, 1990 (90-11-12/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the temporary closing of Henderson Street between Franklin Street and Rosemary Street between 5 and 9:30 p.m. on Friday, November 30, 1990, in connection with a community sing and tree lighting ceremony.

This the 12th day of November, 1990.

A RESOLUTION TEMPORARILY CLOSING PART OF FRANKLIN STREET ON SATURDAY, DECEMBER 1, 1990 FOR VEHICLE LINE-UP FOR THE ANNUAL HOLIDAY PARADE (90-11-12/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the temporary closing of East Franklin Street between Henderson and Boundary Streets from 8 a.m. to 10 a.m. on Saturday, December 1, 1990 for vehicle line-up before the annual holiday parade.

This the 12th day of November, 1990.

AN ORDINANCE TO PROHIBIT PARKING ON FRANKLIN STREET ON THE MORNING OF A HOLIDAY PARADE (90-11-12/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby prohibits parking on Franklin Street from Boundary Street to the western Town limits on Saturday, December 1, 1990 from 6:00 a.m. to 12:30 p.m. and authorizes the Police Department to cover parking meters accordingly.

This the 12th day of November, 1990.

A RESOLUTION AUTHORIZING RELEASE OF ECONOMIC DEVELOPMENT FUNDS (90-11-12/R-13)

WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across the State; and

WHEREAS, many counties and cities continue to need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and

WHEREAS, the 1990 General Assembly has again recognized this need through the appropriation of $960,300 to help the Lead Regional Organizations assist local governments with grant applications, economic development and community development; and to support local industrial development and other activities as deemed appropriate by their local governments; and

WHEREAS, these funds are not intended to be used for payment of members' dues or assessments to a Lead Regional Organization or to support funds appropriated by the member governments; and

WHEREAS, in the event that a request is not made by a unit of government for release of these funds to our Regional Council, the available funds will revert to the State's General Funds; and

WHEREAS in Region J funds in the amount of $53,350 will be used to carry out the economic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region by strengthening ties to and consequently benefits of the Research Triangle Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town requests the release of its $3,280.54 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the provisions of Chapter 1055, Senate Bill 1426, Section 42, of the 1990 Session Laws.

This the 12th day of November, 1990.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF DURHAM FOR LEASE OF TRANSIT VEHICLES (90-11-12/R-14)

WHEREAS, the City of Durham will be operating a public transit system and has requested to lease transit vehicles from Chapel Hill; and

WHEREAS, the Town of Chapel Hill has surplus vehicles available that could be leased by the City of Durham at no cost to the Town; and

WHEREAS, the Council determines that these vehicles will not be needed for the next 12 months.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves and authorizes the Town Manager to negotiate a lease agreement for up to 12 months with the City of Durham for surplus transit vehicles.

BE IT FURTHER RESOLVED that the terms of such lease will minimize liability to the Town and will maximize cost savings and revenue, to the extent allowed by federal regulations.

This the 12th day of November, 1990.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (90-11-12/O-3)

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

SECTION I

That section 21-6 (d) of the Town Code of Ordinances, "Trucks" is amended by inserting the following, therein in appropriate alphabetical order.

STREET FROM TO

East Lakeview Drive Entire Length of Street

West Lakeview Drive Entire Length of Street

SECTION II

This ordinance shall be effective on Monday, November 19, 1990.

SECTION III

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

This the 12th day of November, 1990.

The meeting was adjourned at 10:45 p.m.

The Council then moved to adjourn to Executive Session.