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

TOWN OF CHAPEL HILL, MONDAY, APRIL 22, 1991 AT 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner and Roosevelt Wilkerson. Council Member James C. Wallace was absent excused. Also in attendance were Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Public Works Director Bruce Heflin, Planning Director Roger Waldon, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 1 - Ceremonies

Mayor Howes recognized the distinguished military service of Second Lieutenant Matthew Karres. Mayor Howes expressed the community's appreciation for Mr. Karres' efforts.

Mayor Howes recognized the community service of Niesha Clark, Phillip Sherman, Theodore Yawars, and students at Ephesus Elementary School relative to National Youth Services Day.

Item 2 - Hearings

There were no hearings.

Item 3 - Petitions

Patricia Davies request that the Council consider renaming the 751 Pritchard Avenue Extension housing neighborhood to Umstead Court apartments. She said that such a renaming would give community residents a better outlook and broader long-term perspective.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECEIVE AND REFER MS. DAVIES' PETITION TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Henry Whitfield urged the Council to maintain twice per week refuse collection as a means of insuring and maintaining the community's appearance. Mr. Whitfield said that shifting to once per week collection would provide negligible estimated savings per residence. He stated that most residents favored the current method of refuse collection.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO RECEIVE MR. WHITFIELD'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Pauline Grimson stated that approximately seventy residents of her neighborhood had signed a petition concerning the University's plans to site a power line. Ms. Grimson said that procedures permitting the University to dig up area streets for this purpose were being questioned. She stated that a public comment forum should be held during the planning stages of the proposed project.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN MANAGER.

Council Member Andresen said she hoped that such public discussions would be permitted on the matter. Council Member Rimer suggested that the Town staff examine all utility processes relative to siting of facilities.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

David Biggs, representing the Student Environmental Action Coalition, stated that a public forum on the University's proposed land-use plan would be held on Tuesday, April 30th at 7:30 p.m. in the Council Chamber. He urged Council Members and citizens to attend the forum. Mayor Howes thanked Mr. Biggs for notice of the meeting.

Ben Perry provided a brief overview of his father's career in the Town's fire service, noting that he faithfully served the community for thirty years. Mr. Perry said it was appropriate to name a fire facility in his father's honor. He also provided several examples of Town facilities named after former Town officials.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown suggested that the Council encourage the University's more active involvement in a traffic reduction study to be coordinated by the Town's Transportation Board. Council Member Werner suggested that the Mayor write a letter to University officials encouraging their involvement. Mayor Howes said he would do so.

Council Member Brown requested a report from the staff concerning the naming of the entry road to the Friday Continuing Education Center as Laurel Hill Parkway. Mr. Horton said that information on this matter could be provided to the Council. Council Member Rimer noted that many different materials had been printed with the Laurel Hill Parkway roadway designation.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Brown noted that the week of April 21st was alternative transportation week. She encouraged citizens to use such means of transportation.

Mayor Howes noted that Apple Chill had been postponed to April 28th due to inclement weather. He also noted that a ceremony and celebration by the Soviet Sister Cities program would be held in the Council Chamber on April 28th at 3:00 p.m.

Council Member Werner said he thought it would be inappropriate for the Town to continue its Chamber of Commerce membership in the event that the Chamber chose to form a political action committee. Mayor Howes said it would be appropriate to further discuss the matter at a budget work session. He added that a formal resolution on the matter could be brought before the Council. Council Member Andresen said that the matter needed to be discussed further by the Council. Council Member Wilkerson noted that he had inquired how the matter might be handled. Mr. Horton said that the main question was whether the Town as a body should continue to be a member of the Chamber. Council Member Rimer said he was opposed to the Chamber's political action committee concept. Noting the good works of the Chamber, he said that the Council had no choice but to withdraw the Town's membership if a political action committee were formed.

Item 4 - Minutes

Council Member Preston requested two modifications to the minutes of March 25th.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE MINUTES OF MARCH 25TH AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Herzenberg requested two modifications to the minutes of April 2nd.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT THE MINUTES OF APRIL 2ND AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Preston requested two modifications to the minutes of April 4th.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF APRIL 4TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT THE MINUTES OF APRIL 8TH. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 - Chapel Hill North Special Use Permit Request

Planning Director Roger Waldon noted that Council Member Wallace had requested that a memorandum on this matter be distributed to the Council in his absence. Mr. Waldon said that the staff continued to recommend the adoption of Resolution 1a with conditions. He briefly reviewed the changes in the staff's recommendation.

Council Member Andresen inquired how funds for the traffic signal at Eubanks Road and NC 86 would be maintained, in the event that the Department of Transportation elected not to install the light in the near term. Mr. Waldon said that one of the proposed conditions of approval provided that the Town would hold these funds until necessary warrants were met or until three years after project completion. Mr. Horton noted that the Town had received a letter from the North Carolina Department of Transportation stating that three warrants were currently met. He added that the Department preferred to have more than one warrant met prior to the installation of a signal.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 1A.

COUNCIL MEMBER BROWN MOVED TO ADD A STIPULATION THAT THE NUMBER OF PARKING SPACES NOT EXCEED THE NUMBER STIPULATED IN THE TOWN'S DEVELOPMENT ORDINANCE. THE MOTION DIED FOR LACK OF A SECOND.

Council Member Werner noted that the Council had previously discussed the possibility of limiting hours at the proposed service station. Mr. Horton said that there was no reasonable basis in the Town's land-use regulations to limit hours for this type of business. Council Member Preston noted that the Planning Board's recommendation was to limit hours at the service station. She inquired what hours were recommended. Mayor Howes said the hours of 6:00 a.m. to 11:00 p.m. were recommended. Council Member Preston noted that a random sampling of Town service stations found that at least two such facilities were open twenty-four hours a day.

COUNCIL MEMBER WERNER AND COUNCIL MEMBER RIMER ACCEPTED A FRIENDLY AMENDMENT TO RESOLUTION 1A TO LIMIT HOURS OF SERVICE STATION OPERATION TO 6:00 A.M. TO 11:00 P.M.

Town Attorney Karpinos said that based on his research, it would not be advisable for the Council to have a condition limiting hours of operation in the special use permit. Council Member Rimer inquired whether the Council's concern for the safety of convenience store employees would be a defensible legal argument. Mr. Karpinos responded that if the Council chose to include the condition, this could be one possible defense argument. Council Member Werner added that noise levels also entered into the proposed condition for limiting hours of operation. Mr. Karpinos emphasized the need to have as many defensible reasons as possible on the record in order to defend the proposed condition of approval.

Council Member Andresen said that if the service station were approved, it would be preferable to limit its hours of operation. Council Member Andresen stated that the proposed development would have a substantial impact on the adjoining Northwood neighborhood. She noted safety and appropriateness concerns about siting a service station in such close proximity to an existing neighborhood. Council Member Andresen expressed her support for a condition to prohibit the inclusion of a service station in the Chapel Hill North development.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO MODIFY PROPOSED CONDITION NUMBER TWENTY-ONE, LIMITING SERVICE STATION HOURS OF OPERATION TO 6:00 A.M. TO 11:00 P.M.

Council Member Herzenberg noted that a service station/convenience store on West Rosemary Street remained open all night without causing any major problems. Council Member Wilkerson noted that their had been some incidence of robbery and other crime at the facility.

THE MOTION TO AMEND RESOLUTION 1A TO LIMIT SERVICE STATION HOURS WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 7-1, WITH MAYOR HOWES VOTING NO.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER BROWN TO AMEND RESOLUTION 1A TO NOT PERMIT SITING OF A SERVICE STATION ADJACENT TO AN EXISTING NEIGHBORHOOD. THE MOTION FAILED TO PASS BY A TIED VOTE OF 4-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, HERZENBERG AND WILKERSON SUPPORTING THE MOTION.

Council Member Rimer inquired whether condition number twenty-one would require the installation of double-walled tanks at the service station. Mr. Waldon said yes.

Council Member Brown inquired how federal environmental protection regulations were enforced. Mr. Horton responded that as many of these regulations as possible were enforced by the Town and other local and state agencies. Council Member Rimer noted the important role of the state in enforcing environmental regulations such as those affecting underground storage tanks.

Mr. Horton noted that the conditions for designing and constructing a park and ride lot were still tenuous, with no reliable source of funding identified. Mayor Howes noted that the proposed conditions of approval contained limited language about a proposed park and ride facility. Mr. Horton said that stipulation twenty provided that space could be provided for a park and ride lot or additional office space in the future.

Council Member Wilkerson inquired about material differences between the special use permit proposal and the Council-approved master use plan. Mr. Horton responded that the special use permit application substantially conformed to the original master use plan. Council Member Wilkerson inquired about the defensibility of a denial of the permit request. Mr. Horton said that the Council would be well-justified in approving an application where the special use application substantially conformed to the master land-use plan. He noted that such a condition could be similarly overturned by the Council's broad powers in land-use matters.

Council Member Wilkerson expressed concern that the Council had been placed in an uncomfortable position of making a decision based on sketchy information at the master use plan stage. Council Member Andresen said that the proposed shopping center had appeared desirable in the proposed master plan, while the proposed high-rise structures did not. She inquired about the possibility of the Design Review Board reviewing the application. Mr. Horton responded that there would be no difficulty in routing the application materials to the Board for its review and consideration. Mr. Karpinos noted that this arrangement could be accommodated in proposed condition of approval number thirty-five. Council Member Rimer said that such an arrangement would work to the applicant's advantage.

COUNCIL MEMBER WERNER AND COUNCIL MEMBER RIMER AGREED TO THE PROPOSED AMENDMENT CONCERNING DESIGN REVIEW BOARD REVIEW OF THE APPLICATION.

Council Member Rimer noted that the Chapel Hill North application had been submitted during his tenure on the Town's Planning Board. He said that there had not been much change in the master plan since its original submittal. Council Member Rimer stressed the need for public participation safeguards as early in the development review process as possible.

RESOLUTION 1A AS AMENDED WAS PLACED ON THE FLOOR. THE MOTION WAS ADOPTED BY A VOTE OF 5-3, WITH COUNCIL MEMBERS ANDRESEN, BROWN AND WILKERSON VOTING NO.

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR CHAPEL HILL NORTH PHASE I (SUP 17-10) (91-4-22/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Chapel Hill North Phase One development, proposed on property identified as Chapel Hill Township Tax Map 17, Lots 10, 11, and 38, if developed according to the overall site plan (sheet SP-3), site circulation plan (sheet SP-4), storm drainage plan (sheets C2-A, B, and C), utility plan (sheets C3-A, B, and C), site plan (sheets C4-A, B, and C), tree protection plan (sheet L-1), overall landscape plan (sheets L-2, 3, and 4), detailed landscape plan (sheets L-5 and 6), and buffer sections (sheet L-7), all dated July 31, 1990 (revised November 1, 1990) would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13 and 14, and with all other applicable regulations;

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

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

These findings are conditioned on the following:

1. That construction begin by April 22, 1993 (two years from the date of the Council approval) and be completed by April 22, 1999 (eight years from the date of the Council approval).

2. That the 12-inch ductile iron water line on NC 86 be extended across the entire NC 86 frontage. Final detailed plans for this and all utility extensions and improvements shall be submitted to Orange Water and Sewer Authority, the NC Department of Transportation, and the Town Manager for approval prior to issuance of a Zoning Compliance Permit.

3. That a Comprehensive Stormwater Management Plan for the entire 40-acre tract, based on the Town's Hydros computer model, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit for Phase I.

4. That the stormwater detention/retention facilities be designed so that:

-no encroachment into required landscape buffers is necessary

-several smaller detention facilities will be located throughout the site

5. That Sheets SA-16, SP-2, and L-4 be revised to show only three points of access, two from NC 86 and one from Weaver Dairy Road. The "right-in/right-out only" access on NC 86 (shown directly across from Northwood Drive) should be deleted.

6. That Perkins Drive and one of the access drives off NC 86 be redesigned as one curved continuous public street.

7. That the site design be adjusted to allow a transit route which extends up to the main buildings. The Town shall accept maintenance of the route through dedication or through maintenance agreements with access easements.

8. That the right-of-way for Perkins Drive be dedicated before issuance of a Zoning Compliance Permit for the phase of development which includes that portion of the site. The right-of-way can be dedicated either along the existing Perkins Drive alignment, or entirely on Chapel Hill North property.

9. That the southernmost entrance (right-in, right-out only) to the bank/office building off Perkins Drive be omitted from the plans unless a raised island is constructed in the exit to discourage left-turn movements.

10. That Perkins Drive and one of the access drives from NC 86 be dedicated as public street(s), designed and constructed to Class C standards, to withstand transit service. These streets are to be accepted for maintenance by the Town. Pavement design should be based on California Bearing Ratio (CBR) tests, but must meet or exceed Town standards. The cross-sections are to include sidewalks. The Perkins Drive cross-section shall include sidewalk only on the west side of the drive.

11. That one of the following options be used for the northernmost entrance off NC 86:

-prohibit drive cuts less than 250 feet from the NC 86 right-of-way, or

-install a raised median which would prohibit left-turn movements from the entrance drive for the same distance

12. That one of the following options be used for the southern entrance from NC 86:

-close the gas station access closest to NC 86, or

-install a raised median which would prohibit left-turn movements from the entrance drive, or

-provide four 12-foot lanes, one of which would be a left-turn lane into the gas station entrance

13. That the entrances off NC 86 have a separation of at least 500 feet.

14. That the northernmost entrance off NC 86 be at least 600 feet south of the Eubanks Road intersection.

15. That main parking areas and drive aisles be constructed to Town standards. Designated overflow parking areas may be constructed of semipermeable materials such as turfstone.

16. That the following roadway improvements be made:

a)NC 86

1.That additional right-of-way to create a 100-foot right-of-way to accommodate four through travel-ways, curb and gutter, left turn lanes, bike lanes, and sidewalk be dedicated along this site's frontage.

2.That 1.5 lanes of additional travel-way (18 feet) and four feet of bike lane with 30" curb and gutter be constructed along this site's frontage.

3.That a five-foot sidewalk be constructed along this site's frontage.

4.The project developer shall provide a payment-in-lieu or letter of credit for the installation of traffic-actuated traffic signals at the intersections of the main road entrance or the northern entrance, and at the intersection of NC 86 and Eubanks Road. The letter of credit or payment-in-lieu will be held by the Town until a traffic signal(s) is warranted and installed or until three years after the project site is completely developed, whichever comes first. The traffic signal warrant study will be based on the actual traffic conditions at the site and not on projected estimates. The determination will be based on the guidelines of the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration. If a traffic signal(s) is not warranted, the payment-in-lieu or the letter of credit will be returned to the project developer. If the actual cost of an installed traffic signal(s) is less than that amount of payment-in-lieu provided for the installation of that signal(s), the surplus will be refunded to the project developer.

The payment-in-lieu or letter of credit shall be in the amount of 100% of the estimated cost of the proposed traffic signal(s).

b)Weaver Dairy Road:

1.Dedication of one-half of a 90-foot right-of-way.

2.One-half of a 65-foot cross-section (back-of-curb to back-of-curb), plus a 4-foot bike lane and 30" curb and gutter, be installed.

3.A 5-foot sidewalk provided along the north side.

4.Design and improvements to the traffic signal at the intersection of NC 86 to provide a minimum of an 8-phase operation.

17. That public improvements that are a part of any phase be completed prior to issuance of any Certificate of Occupancy for that phase.

18. That pedestrian-actuated traffic signals and painted cross-walks be provided on NC 86 and Weaver Dairy Road if approved by the North Carolina Department of Transportation.

19. That no vehicular driveway or street connection be made to Sedgewood Drive and Old University Station Road until Sedgewood Drive and Old University Station Road are built to Town standards and accepted by the Town for maintenance.

20. That if the park-ride lot is not a component of the development, the area formerly reserved for a park-ride be accommodated in one of the following ways:

-keep the 195 parking spaces on the site plan and add a corresponding 30,000 square feet of office space to the proposed main office building; or

-use the 195 spaces to serve some of the parking requirements for proposed buildings, and reduce parking elsewhere on the site. In this case, a direct 1:1 replacement/reduction would not be expected, since the park-ride spaces were expected to serve double-duty for counter-cyclical uses. Land not used for parking as a result of this reduction would be reserved for future development in a subsequent phase of this project.

21. That the gas station building, canopy, and site be designed so that tractor-trailer trucks cannot approach and use the fuel pumps, but so that access is provided for service vehicles, and that hours of operation for the gas station and convenience store be limited to daily operation between 6:00 a.m. and 11:00 p.m.

22. That the underground storage tanks for fuel at the gas station be double-walled and equipped for interstitial monitoring with an automatic alarm system; or that they be designed, constructed, and monitored to meet a greater safety rating. The gas station owner shall register all underground storage tanks and pay annual tank fees in conformance with State regulations.

23. That piping from the underground storage tanks be double-walled. Underground piping that conveys fuel under pressure must be equipped with an automatic line leak detector.

24. That a monitoring well be drilled on the gas station site. Final plans showing the location and depth of the test well are to be submitted to the Town Manager and the North Carolina Department of Environment, Health, and Natural resources, Division of Environmental Management/Groundwater Section for approval. Testing shall be conducted at time intervals approved by the State and the Town Manager, and reports shall be submitted to the State.

25. That final plans demonstrate that the development meets or exceeds all applicable local, State, and federal regulations regarding underground fuel tanks and groundwater protection.

26. That surface runoff from the gas station be routed to an oil-sand separator for liquid waste collection, and that the filtered water drain into the sanitary sewer system for treatment downstream. The liquid waste must be disposed of in a manner deemed appropriate by local, State, and federal agencies.

27. That the site plan be adjusted in the southwest corner of the site to preserve at least one of the two stands of significant trees, identified as "Stand #1" and "Stand #2" on the attached blow-up of the overall landscape protection plan sheet L-1.

28. That the following features be included in the physical design of the commercial and/or office areas:

-significant landscaped pedestrian ways;

-architectural design on the commercial area to be as pedestrian-oriented as possible, including building offsets, main entry courts, pedestrian amenities and appropriate foundation landscaping; and

-appropriate size, architectural and landscape criteria for any outparcels to achieve overall consistency and harmony with the overall development.

29. That landscape islands/medians be at least 8 feet wide for plantings of small trees; 10 feet wide for plantings of large trees; and 12 feet wide if they include pedestrian paths.

30. That a bus pull-off area be added at each of the two proposed bus shelters.

31. That a 30-foot corridor be reserved within the 100-foot Interstate 40 buffer for greenway purposes, in a location identified as part of final plan preparation, and that the area be labeled on all plans, plats, deeds, and other official documents, in one of the following ways: "Dedicated to the Town of Chapel Hill for Parks and Recreation Purposes Only" or "Public Pedestrian and Non-motorized Vehicle Easement". A final plat shall be recorded prior to issuance of a Zoning Compliance Permit.

32. That a set of landscape and architectural performance standards be developed to assure general compliance with the Town's Master Landscape Plan for Entranceways Corridors along NC 86, and full compliance to the Type D buffer, and that the compliance be demonstrated to the Town Manager and the Appearance Commission for Phase I.

These performance standards should address harmonious architectural standards for the entire project, and architectural criteria for buildings and outparcels, and how adequate screening of parking and service areas from NC 86 can be achieved. The standards may include: terracing or lowering/raising of parking areas; specific earth berm designs; specified vegetation; utilization of over-sized vegetation when appropriate. Landscape plans should include retention of existing vegetation as buffer material where possible. Where existing vegetation cannot preserved, detailed plans for new plantings should be submitted and approved by the Town Manager and the Appearance Commission.

33. That the following buffers be installed:

-Type D buffer of at least 30 feet in width along Highway 86 and Weaver Dairy Road, with the section of buffer in front of the gas station expanded to 50 feet in width;

-Type E buffer of at least 100 feet in width along Interstate 40;

-Alternative Type C buffers for the south and east sides of the park-ride lot, if a park-ride lot is developed;

-Type C buffer of at least 20 feet in width along the other Chapel Hill North boundaries.

34. That a Landscape Protection Plan, including a tree survey for the NC 86 buffer, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan must conform with the Entranceways Master Plan along the NC 86 frontage.

35. That the detailed building elevations, lighting plan, landscape maintenance plan and landscape plan, including the buffer plans, be approved by the Appearance Commission and the Design Review Board prior to issuance of the Zoning Compliance Permit.

36. That the conceptual sign plan be deleted from this application.

37. That the outparcels be restricted to prohibit fast-food type commercial use, and any non-banking retail use requiring a drive-through window facility.

38. That a solid waste management plan, including a recycling plan, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

40. That the final utility/lighting plan be approved by Orange Water and Sewer Authority, 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 the development.

41. That any required State or federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

42. That right-of-way for the transit route be dedicated to the Town, with the dedication plat recorded prior to issuance of a Zoning Compliance Permit; or that appropriate access easements and maintenance agreements be approved and recorded prior to issuance of a Zoning Compliance Permit.

43. That final plans to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit (detailed site plan, utility plan/lighting plan, grading and stormwater management plan with hydrologic calculations, fire flow report) conform to the approved preliminary plans and demonstrate compliance with the above conditions and the design standards of the Development Ordinance and the Design Manual.

44. That the fire protection water supply be upgraded in the following ways:

-all water lines serving hydrants be at least 8-inch diameter, with a residual pressure of 20 pounds per square inch and a flow rate of 2,500 gallons per minute;

-that a loop system be designed to serve the entire site;

-installation of automatic sprinkler systems in buildings over fifty feet in height. (Automatic sprinkler systems are suggested for all other buildings.)

45. That a Transportation Management Plan be prepared and submitted along with final plans for any phase involving office uses, and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Management Plan shall follow the general guidelines as presented by the applicant as part of this Special Use Permit application, and shall include:

a.Provision for designation of a Transportation Coordinator;

b.Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

c.Quantifiable traffic reduction goals and objectives;

d.Ridesharing incentives; and

e.Public Transit incentives.

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

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

48. That if any of the above conditions is held invalid, approval shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Chapel Hill North Phase I Special Use Permit in accordance with the plans and conditions listed above.

This the 22nd day of April, 1991.

Council Member Wilkerson said he had met earlier in the day with business persons who had stressed that the project would be of tremendous quality and beauty if approved. Council Member Wilkerson expressed hope that the project's developers would follow through on this commitment to the Town. Council Member Wilkerson said he had voted against the proposal due to the inclusion of a service station.

Item 6 - Deleted

Item 7 - Manager's Preliminary Budget Recommendation

Town Manager Horton said that his basic budget proposal would continue current services without the need for an increase in the property tax rate. He added that the some new items worthy of further consideration included the addition of eight public safety officers at an estimated cost of $312,000. Mr. Horton noted that the officers would help to reduce current response times and permit staff to do more traffic safety patrols and other non-emergency tasks. He also noted that the allocation of funds for a park and ride lot on NC 86 could play a role in reducing the number of vehicles driving into the community. Mr. Horton said that these inclusion of these programs would necessitate a total tax rate increase of two cents, composed of 1.7 cents for the public safety officers and 0.3 cents for the park and ride lot proposal.

Mr. Horton said that a number of reasonable assumptions were being made about anticipated budgetary actions of the State Legislature. He noted that the proposed budget included $400,000 for continuation of the small capital improvements program and funding for continuation of the Town's debt service and performance-based pay plans. He added that $150,000 was included for low-income housing programs.

Mr. Horton stated that no increase in bus fares or passes was anticipated. He said that transportation funding of approximately $1.3 million was anticipated from the federal government. Mr. Horton noted that the Orange County Commissioners had committed $53,000 for leasing space for a senior activity center on Elliott Road. He said that the Senior Center Task Force would do some fund-raising programs to cover some operational costs. Mr. Horton said that primary staffing would be provided by the Orange County Department on Aging.

Council Member Preston inquired whether tax rates for the General and Transportation Funds were broken out on individuals tax bills. Mr. Horton said no, noting that these rates were combined into one Town rate. Mayor Howes said he was particularly interested in the justification for proceeding with a park and ride lot on NC 86 at this time, since a lot already served University commuters in this corridor. Mr. Horton said that the Town staff was being somewhat opportunistic, tying its recommendation to the availability of outside funding of such a facility.

Council Member Andresen inquired about the viability of adapting the traffic engineer from full-time to one-quarter or one-half time once the traffic signal system was fully operational. Mr. Horton responded that traffic engineering was a highly specialized field wherein it would be difficult to secure services on a less than full-time basis. Mr. Horton said that the staff was prepared to discuss the matter further at the Council's budget work sessions. Council Member Wilkerson noted that a technician position was also proposed for system operation. Mr. Horton said this was correct. Council Member Rimer stated that the Town's engineering staff currently handled both traffic engineering and drainage programs. He noted that the drainage program would require a great deal of attention in the future. Council Member Wilkerson said he did not think that the proposed technician position had been presented in the original program proposal to the Council. Mr. Horton said there may have been some delay in the discussions about proposed program staffing, but proposed positions had been outlined in the current year budget proposal. Council Member Herzenberg noted that traffic was often a source of concern for citizens.

Council Member Andresen said she hoped to discuss the proposal for additional public safety officers at a future Council budget work session. Council Member Brown inquired about the status of the public safety system study relative to the proposed new positions. Mr. Horton responded that the two items were separate matters, but new officers were needed on the street to meet rising service demands.

Mr. Horton noted that the principal focus of the Council's April 23rd work session would be a joint meeting with the Parks and Recreation and Greenways Commissions, discussion of the proposed capital improvements program, and other topics as desired by the Council. Mayor Howes suggested that the Council could also attempt to develop a listing of topic areas for its future budget work sessions. Council Member Brown expressed her support for greater citizen involvement in the budget review process. Council Member Rimer suggested that the Council could possibly discuss reducing the total amount of merit pay incentives. Mr. Horton noted that one possible approach along these lines was outlined in the materials presented to the Council for its April 23rd work session. Council Member Werner noted that the Manager had previously expressed his willingness to work with the Council desires on the matter of merit pay.

Item 8 - Proposed 1991-1996 Capital Improvements Program

Town Manager Horton briefly reviewed the proposed program, outlining major expenditures by category. He noted that the Parks and Recreation and Greenways Commission would discuss parks and open space needs with the Council at the April 23rd budget work session.

Council Member Werner inquired about the status of the University Playing Field Committee report on the Glen Lennox playing fields. Mr. Horton said the report had not yet been received. Mr. Horton said he would continue to work with Dr. Tuchi and University officials on this matter. Council Member Werner inquired about the amount of sidewalk that could be constructed with $68,000 of proposed funding. Mr. Horton responded that the staff could pull this information together. Council Member Wilkerson inquired about funding for the purchase of lots in the Pine Knoll neighborhood. Mr. Horton said that funding was currently available for this project. Council Member Wilkerson asked whether funding was available for improvements at the post office building. Mr. Horton said that improvements had been made in the court room and improvements were planned for the District Attorney's Office.

Council Member Andresen commended the staff's efforts concerning the Glen Lennox fields. She inquired about the nature of the proposed consultant fee for the fields. Mr. Horton said the fee would pay to determine how to restore the fields to good condition. Council Member Andresen asked whether it was possible to make shared arrangements for an aerial ladder fire truck. Mr. Horton said the primary difficulty was that individual departments did not want to make such arrangements on a long-term priority call basis. He added that there was a very strong need for a good piece of aerial equipment in the Town. Council Member Andresen inquired about funding for renovation of the existing library. Mr. Horton said that approximately $225,000 was proposed in fiscal year 1993-1994.

Council Member Brown inquired about the status of a report on community beautification. Mr. Horton said that the staff was completing the report, rather than continuing to use a consultant. He noted that the report would be presented to the Council in the fall. Council Member Brown inquired about the proposed use of $25,000 for community beautification. Mr. Horton said the funds would pay for sidewalk and lighting improvements in the downtown area. Council Member Brown asked why funding was recommended for paving the Cedar Falls parking lot instead of parks and play equipment for pre-schoolers. Mr. Horton said that the parking lot was very heavily used and would be easier to maintain once repaved. Council Member Preston asked how long the Cedar Falls facility had been in use. Mr. Horton said about ten years, with the parking lot having deteriorated rapidly in this time.

Item 9 - Resolution supporting Brady Bill

Mayor Howes noted that a number of groups urged the Council to adopt resolutions on the Brady Bill. Mayor Howes said that North Carolina already had a seven-day waiting period for the purchase of handguns. Council Member Herzenberg said he encouraged fellow Council Members to support the resolution. He noted that he was also conferring with the Carrboro Board of Aldermen on the matter.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 3. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SUPPORTING THE BRADY BILL TO REQUIRE A 7-DAY WAITING PERIOD BEFORE PURCHASE OF A HANDGUN (91-4-22/R-3)

WHEREAS, every year in the United States handguns are involved in an average of 9,200 murders, 12,100 rapes, 210,000 robberies, 407,600 assaults and thousands of suicides; and

WHEREAS, the United States has by far the highest rate of handgun deaths among all Western industrialized nations; in 1988, handguns killed seven in Great Britain, eight in Canada, thirteen in Australia and 8,915 in the United States; and

WHEREAS, current law is inadequate, with most states selling handguns over the counter with no background check to see if the purchaser is a felon, fugitive, drug addict or mentally ill; and

WHEREAS, a number of reliable polls show that the American public, including gun owners, overwhelmingly supports handgun waiting periods; and

WHEREAS, every major law enforcement group and a large number of national, religious, legal, labor, medical and civic organizations, including the National League of Cities, and the United States Conference of Mayors support handgun control;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby urges the North Carolina delegation to the United States Congress and the President of the United States to support immediate passage of the Brady Bill, which mandates a national seven-day waiting period to allow local law enforcement to conduct background checks on handgun purchasers.

This the 22nd day of April, 1991.

Item 10 - Potential Revenue Sources

Council Member Andresen said she had shared her proposed resolution with State Representative Joe Hackney. Council Member Andresen said she hoped that the Mayor's Office would share the resolution with appropriate parties.

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

Council Member Preston said it was a good idea to bring the Council's ideas to the State Legislature. She requested that the first proposed source be deleted, since it was too broadly focused and too vague. Council Member Andresen said she was willing to drop references to high income brackets. Council Member Werner noted that additional sales taxes were extremely regressive means of taxation. He suggested the need to exempt food from sales taxes. Mayor Howes expressed concurrence that the sales tax was very regressive. He added that existing corporate and individual income taxes were quite low. Mayor Howes also noted that the General Assembly was currently wrestling with alternative revenue means.

COUNCIL MEMBER HERZENBERG PROPOSED A FRIENDLY AMENDMENT TO DELETE THE REFERENCES TO HIGH INCOME BRACKETS AND ADDITIONAL SALES TAXES.

Stressing the need for broad support of the resolution, Council Member Andresen agreed to an amendment striking the high income reference and including an exception for sales tax on food.

RESOLUTION 4 AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REGARDING THE GENERAL ASSEMBLY'S CONSIDERATION OF THE 1991-92 STATE BUDGET, AND POTENTIAL SOURCES OF ADDITIONAL REVENUE (91-4-22/R-4)

WHEREAS, the State is facing a fiscal crisis of such critical proportions that revenues are far short of expenditures; and

WHEREAS, the Council shares deep concern with other citizens about the effect of budget cuts on our State's public schools, universities, town services and basis State programs; and

WHEREAS, the predicted budget shortfall of $800 million for FY 91-92 would severely affect educational and other basic State services we value;

NOW, THEREFORE, BE IT RESOLVED that the Town Council of Chapel Hill strongly endorses the work of our State legislators seeking solutions to this crisis by working for the passage of a package of revenue bills to match the projected deficit. These revenues could include but are not limited to the following:

* a personal income tax increase;

* additional sales taxes (possibly excepting food);

* closing tax loopholes;

* taxes on luxury cars, boats and aircraft;

* taxes on beer, wine, liquor and cigarettes; and

* entertainment taxes.

This the 22nd day of April, 1991.

Item 11 - Public Hearing on Pilot Roll Cart Program

Town Manager Horton said the pilot roll cart refuse collection program was proposed in the Colonial Heights, Mount Bolus, Elkin Hills and Ironwoods neighborhoods. Council Member Preston said it was particularly important to make sure that area residents were notified of the proposal by letter or a leaflet on their door. Mr. Horton said it was possible to do this type of notification. He noted the importance of public discussion on the proposal.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 5.

Council Member Wilkerson asked whether it would be possible to discuss other refuse collection options such as once per week rearyard collection at the hearing. Mr. Horton said it would be possible to discuss this and other options. Council Member Wilkerson asked whether the Council could choose to pursue different refuse collection methods. Mr. Horton said other options were always available.

RESOLUTION 5 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AUTHORIZING A PUBLIC HEARING ON MAY 6, 1991, TO CONSIDER A ONCE/WEEKLY CURBSIDE ROLL CART PILOT PROGRAM (91-4-22/R-5)

WHEREAS, the Council evaluated alternative refuse collection methods; and

WHEREAS, additional information is desired concerning the feasibility of a once/weekly curbside roll cart residential refuse collection service; and

WHEREAS, a pilot curbside residential collection program will provide such information; and

WHEREAS, a pilot program has been developed of once-per-week curbside roll cart residential refuse collection for the Colonial Heights, Mt. Bolus, Elkin Hills and Ironwoods neighborhoods; the program would commence during the early part of Fiscal 1991-92; and funding for the pilot program would be provided from the 1991-92 operating budget for the Sanitation Division within the Public Works Department;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing to hear comments on this pilot program on May 6, 1991, at 7:30 p.m. in the Council Chamber of the Town Hall.

This the 22nd day of April, 1991.

Item 12 - Proposed East Franklin Street Corridor Study

Planning Director Roger Waldon said that adoption of Resolution 6 would direct the staff and Design Review Board to examine a short stretch of East Franklin Street. He briefly reviewed proposed development in the proposed study area. Mr. Waldon stated that other communities had found similar studies and approaches to be very useful. Mr. Waldon said that the proposed schedule was an ambitious one, with a report to be brought back to the Council prior to their summer break. Mr. Waldon noted that the planning staff had spoken with a number of property owners in the proposed study area. Mr. Waldon said the staff recommended adoption of Resolution 6.

Gretchen Vickery, an area property owner, said that well-designed office and institutional uses would serve as a good buffer to residential uses. She said that the study offered a wonderful opportunity for the Town and property owners to work together. Ms. Vickery expressed her support for the proposed resolution. Bruce Martindale similarly expressed his supported for the proposal.

Johnny Martindale, representing the Martindale and Williams families, said he applauded the Planning staff's efforts to set the proposed process in place. He noted that there was a growing need for office space in the study area.

Council Member Brown stressed the importance of citizen involvement in the planning process. Mr. Horton responded that the staff hoped to receive a good deal of citizen input. Mayor Howes noted that area property owners appeared to favor the proposal. Council Member Andresen said she thought that the proposal could produce many good results. She inquired about the linkage between staff recommendations and actual outcomes. Mr. Horton said the principal objective was to provide additional flexibility for the Council while not giving up the protection of existing codes.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 6. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION INITIATING DESIGN STUDY OF EAST FRANKLIN STREET CORRIDOR (91-4-22/R-6)

WHEREAS, the area along East Franklin Street, as indicated on the attached map, has been designated in Chapel Hill's Land Use Plan and Zoning Atlas as suitable for high density residential use; and

WHEREAS, the Town has received requests for non-residential use of properties along this corridor; and

WHEREAS, the Town Council finds value in the concept of studying these properties to prepare design concepts that indicate how the area could develop in a manner that is consistent with Town Policies and Objectives;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to begin an East Franklin Street Corridor Study to develop such design concepts.

BE IT FURTHER RESOLVED that the Design Review Board is requested to participate actively in the preparation of these design concepts.

BE IT FURTHER RESOLVED that the Town Manager and Design Review Board are requested to report back to the Council by July, 1991.

This the 22nd day of April, 1991.

Item 12 - Advisory Board Nominations

All applicants to the Library Board of Trustees, Orange Water and Sewer Authority and Planning Board were unanimously nominated.

Item 13 - Quarterly Reports

Council Member Herzenberg noted that the Noise Ordinance Monitoring Committee was winding down its activities and would report to the Council in the near future. Mayor Howes said he would share information with the Council concerning funding for the Triangle Transit Authority. Mr. Horton said he would be happy to answer any quarterly report questions from the Council.

Item 14 - Consent Agenda

Council Member Preston requested that items d and e be removed for discussion. Council Member Andresen requested that the staff distribute copies of agenda item g and resolution 14 to appropriate State legislative committees.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS D AND E.

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND AN ORDINANCE (91-4-22/R-7)

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

a.Purchase of Taylor property for Tanyard Branch Greenway and Umstead Park (R-8).

b.Scheduling May budget work sessions (R-9).

c.Revision to Housing grievance procedure (R-10).

f.Closing Cameron Avenue (R-13).

g.Resolution regarding proposed transfer of water between river basins (R-14).

h.Advertisement of assessment liens (R-15).

i.Fuel contract with Triangle Transportation Authority (R-16).

j.CIAP application (R-17).

k.Amendment to the Noise Ordinance (O-1).

This the 22nd day of April, 1991.

A RESOLUTION AUTHORIZING THE PURCHASE OF 6,862 SQUARE FEET OF THE JEAN TAYLOR PROPERTY FOR THE TANYARD BRANCH GREENWAY AND UMSTEAD PARK (91-4-22/R-8)

WHEREAS, the Council of the Town of Chapel Hill has adopted the 1985 Greenways Report; and

WHEREAS, the 1985 Greenways Report recommended the construction of a trail along Tanyard Branch; and

WHEREAS, the trail was initially constructed on the private property of Jean Taylor (Tax Map 94, Block B, Lot 19A); and

WHEREAS, the Greenways Commission and the Parks and Recreation Commission recommend the purchase of a portion of the Taylor Property as part of the Tanyard Branch Greenway and Umstead Park;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to purchase 6,682 square feet of the Jean Taylor property to be included as part of the Tanyard Branch Greenway and Umstead Park, and that the purchase price of $1,320 be taken from proceeds of the 1989 Parks and Open Space bonds.

This the 22nd day of April, 1991.

A RESOLUTION SCHEDULING BUDGET WORK SESSIONS (91-4-22/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules budget work sessions in the Council Chambers at 5:30 p.m. on May 8 and May 15, 1991.

This the 22nd day of April, 1991.

A RESOLUTION CLOSING PORTIONS OF CAMERON AVENUE (91-4-22/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the closing of Cameron Avenue between Raleigh Street and South Columbia Street on Sunday, May 12, 1991 from 11:30 a.m. until 5:30 p.m in order to facilitate traffic and parking operations on the day of the University of North Carolina Commencement Ceremony.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to approve closing of Cameron Avenue in the area of the University campus in connection with future commencement ceremonies.

This the 22nd day of April, 1991.

A RESOLUTION REGARDING PROPOSED LEGISLATION TO REQUIRE PERMITS FOR INTER-BASIN TRANSFER OF WATER (91-4-22/R-14)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council encourages deferral of consideration of House Bill 125 and Senate Bill 129 pending further study as supported by the Orange County Board of Commissioners, City Council of Durham, and North Carolina Waterworks Association, North Carolina Water Pollution Control Federation and other parties.

This the 22nd day of April, 1991.

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (91-4-22/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1991 in accord with G.S. 105-369.

This the 22nd day of April, 1991.

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE TRIANGLE TRANSIT AUTHORITY FOR THE PURCHASE OF FUEL FOR VANPOOLS (91‑4‑22/R-16)

WHEREAS, the Town of Chapel Hill has benefited from the operation of a successful regional vanpooling program since 1985; and

WHEREAS, the success of such a program helps to reduce our dependance on the private auto, thereby reducing highway congestion and reducing air pollution; and

WHEREAS, we have received a request from the Triangle Transit Authority to assist them in the provision of fuel for local vanpools;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to negotiate and execute a contract with the Triangle Transit Authority for the purchase of fuel for vanpools.

This the 22nd day of April, 1991.

Assistant Town Manager Sonna Loewenthal said that the staff was very pleased to have received lower than expected bids for street resurfacing. Council Member Preston inquired whether it would be possible to apply the $53,000 to help offset next year's anticipated budget shortfall. She also asked whether it would be possible to use the funds for sidewalk construction instead of street resurfacing. Mr. Horton responded that earlier in the year it had been very difficult to estimate the cost of petroleum-based products. He added that there was strong justification for street repaving, although the Council could choose to defer paving of some of the streets. Mayor Howes noted that the Town tended to run behind on paving of streets. He suggested that the $53,000 could be used to pave additional streets. Council Member Preston said that the Town had $53,000 available that did not need to be expended as originally anticipated. Mr. Horton suggested that it would be possible to reduce the 1991-92 resurfacing budget by $50,000, but that it would make sense to accept this favorable bid now. Council Member Preston said this was a good idea.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT CONSENT AGENDA ITEM D. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AWARDING A CONTRACT FOR RESURFACING OF STREETS (91-4-22/R-11)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on March 13, 1991, in accordance with G.S. 143-129 for the resurfacing of streets; and

WHEREAS, the following bids were received, opened and publicly read on March 28, 1991:

BIDDER BASE BID ALTERNATE I

Blythe Industries $197,215.00 $ 30,712.50

Lee Paving Co. 199,090.00 30,375.00

Riley Paving Co. 228,400.00 30,875.00

Nello L. Teer Co. 248,725.00 32,662.50

C. C. Mangum 253,341.00 32,500.00

Rea Construction 282,200.00 52,500.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the March 28 base bid of Blythe Industries for street resurfacing in the amount of $197,215.00 received in response to the Town's request for bids published March 13 and opened March 28 in accord with G.S. 143-129.

BE IT FURTHER RESOLVED that the Manager is authorized to execute a contract with Blythe Industries in the amount of $197,215.00 and to initiate and sign change orders that will increase the amount of street resurfacing work within the budgeted amount.

This the 22nd day of April, 1991.

Council Member Preston inquired whether a difference of $1,700 was a fair reason for not taking the lowest bid. Ms. Loewenthal emphasized the need for hot patching material on a year-round basis. Council Member Preston asked why bids had been accepted when they did not meet all specifications. Ms. Loewenthal responded that only one local hot-mix plant was open all year long.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT CONSENT AGENDA ITEM E. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AWARDING A CONTRACT FOR I-2 ASPHALTIC CONCRETE, H-B ASPHALT AND TACK COAT (91-4-22/R-12)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on March 20, 1991, in accordance with G.S. 143-129 for I-2 Asphaltic Concrete, H-B Asphalt and Tack Coat for street patching; and

WHEREAS, the following bids have been received and opened on April 2, 1991:

CC Mangum Lee Paving Nello Teer

I-2 Asphaltic Concrete 20.60/Ton 22.50/Ton 23.00/Ton

H-B Asphalt 19.40/Ton 23.50/Ton 21.50/Ton

Tack Coat (AC-20) 2.00/Ton 1.50/Ton 1.90/Ton

Tack Coat (CRS-2) 2.00/Ton No Bid 1.90/Ton

Total $56,750.00 $59,550.00

WHEREAS, the additional costs to the Town caused by the difference in distance between the Lee Paving plant and the Nello Teer plant are estimated to be approximately $45,311; and

WHEREAS, the year-round availability of hot-mix asphalt is important to the Town's ability to maintain its street system;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Nello Teer Company in the amounts as stated above in the tabulation.

This the 22nd day of April, 1991.

There was no need for an Executive Session.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The meeting stood adjourned at 10:26 p.m.