MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, AUGUST 26, 1991 AT 7:30

Item 3 - Petitions

Howard Watson, speaking on behalf of Pine Knoll neighborhood residents, expressed concern that the neighborhood was being significantly impacted by drug and other illegal criminal activity. Mr. Watson stated that the Pine Knolls neighborhood had recently held a very successful clean-up day. Mr. Watson said that lighting and related conditions in the area lent itself to the conduct of illegal behavior. Mr. Watson submitted a petition requesting that additional lighting and undercover police protection be provided to the Pine Knolls neighborhood.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THE MATTER.

Council Member Andresen requested that the Manager provide the Council with a prioritized listing of areas around the Town needing improved street lighting. Council Member Werner requested that this matter not delay the staff's response to Mr. Watson's request. Mayor Howes noted that Town staff would be in contact with Mr. Watson and other residents in the neighborhood concerning their petition.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Pearson Stewart requested that a supplemental bill from Coulter and Associates for work on the New Hope Corridor Study be considered for partial payment by the Town. Mr. Stewart noted that Coulter and Associates had performed work well beyond the scope of its original contract. He stated that the bill had been submitted to the Durham City/County Planning Department in March, 1991. Mr. Stewart said that the joint working group had recommended that each of the four jurisdictions pay one-quarter of the total bill. Mr. Stewart stated that he was petitioning the Council to request that the Town pay one-quarter of the bill.

Council Member Werner inquired about the amount of the supplemental bill. Mr. Stewart said the total supplemental bill was $10,550. Council Member Werner said that Coulter and Associates had worked well beyond the scope of the contract without necessary authorization. Council Member Werner noted that work of Coulter and Associates had not been adequately monitored. He suggested that individual jurisdictional staffs discuss the matter further.

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

Fred Good, Chairperson of the ArtsCenter Board of Directors, said that the ArtsCenter was back on good footing. Mr. Good stated that the ArtsCenter had recently received a $25,000 grant and had been offered a $25,000 matching grant. Mr. Good said that Town funds of up to $25,000 could be matched by the matching grant. He stated that the ArtsCenter annual report would be issued in a few weeks, with an audit of the center being released in October.

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

Perry Dowd stated that West Franklin Street needed additional parking. She suggested that hourly parking meters be installed in Municipal Parking Lot Number Three. Ms. Dowd said that the merchants in the area were particularly concerned about the need to provide convenient parking alternatives to their customers. Ms. Dowd said that she and other merchants of West Franklin Street appreciated any assistance that the Council might render.

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

Council Member Andresen inquired about the proposed timetable on the matter. Mr. Horton stated that the staff was committed to providing a follow-up report by October 7th, but hoped to present the report at the Council's September 24th meeting. Mr. Horton stated that the staff would move as quickly as possible in determining demand for parking spaces in the area. Council Member Andresen said she thought the need for additional customer parking in the area was well-demonstrated. She urged the staff not to undertake a long and arduous survey process. Mr. Horton said the purpose of the study was to ascertain whether there was steady parking demand.

Council Member Werner noted that he had recently experienced difficulty in attempting to locate a parking space on West Franklin Street on a recent weekday evening. Mr. Horton stated that spaces in Municipal Parking Lot Number Three were currently leased on a twenty-four hour basis. He stated that the staff was investigating a variety of ways to address parking needs.

Council Member Rimer inquired whether the leases were annual or month to month. Mr. Horton said the leases were month to month with a thirty day termination notice provision. Mayor Howes noted that Lot Number Three was originally gated and little used at one time. Council Member Herzenberg noted that some former Council Members had questioned the Council's decision to purchase the lot approximately ten years ago.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Werner requested that the Manager report to the Council on discussions with the Chapel Hill-Carrboro School System concerning joint use of athletic facilities. Council Member Werner also requested reports on possible Town usage of the Glen Lennox fields and a progress report on acquiring a traffic light on the Bypass near Saint Thomas More School. Town Manager Horton noted that the North Carolina Department of Transportation was willing to pay for the services of traffic director in the Saint Thomas More School area if it were determined to be necessary. Mr. Horton added that as soon as work on the bypass was completed, the Department of Transportation would determine whether a traffic signal was necessary. Mr. Horton also said that Town staff was working with Dr. Billings of the University Playing Fields Committee to explore the possibility of a long term lease for the fields. Mr. Horton said he would provide written reports on all three of Council Member Werner's requests.

Mayor Howes noted that Secretary Harrelson of the North Carolina Department of Transportation would be in Town on September 13th to dedicate a bikeway. Mayor Howes said the occasion would provide an opportunity for discussion of various transportation-related topics.

Council Member Andresen inquired when the Town's new automated traffic signalization system would be fully operational. Mr. Horton said he would provide the Council with a report outlining specific dates relative to the traffic signalization system for their September 10th meeting.

Item 4 - Minutes of July 8, 30 and August 13, 1991

Council Members Andresen, Brown and Herzenberg requested modifications to the minutes of July 8th.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE MINUTES OF JULY 8TH AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT THE MINUTES OF JULY 30TH AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT THE MINUTES OF AUGUST 13TH AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Council Member Wilkerson suggested that the Council act on Consent Agenda number 15b, by adopting Resolutions eight and nine.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTIONS 8 AND 9. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

PLEASE INSERT RESOLUTIONS 8 AND 9 HERE

Council Member Rimer inquired whether fees for the special use permit would be waived. Mr. Horton said yes.

Mayor Howes noted that agenda items five and six had been deferred.

Item 7 - Kuralt Downtown Circulation Proposal

Wallace Kuralt said it was currently necessary for trucks unloading on Franklin Street to block one lane of traffic. Mr. Kuralt provided an overview of his proposal to provide benches, umbrellas, sidewalks, truck loading and unloading areas, and parking spaces in the core of the downtown area. Council Member Nancy Preston arrived at 8:06 p.m. Mr. Kuralt said he was outlining his proposal to generate discussion and ideas relative to the future of the downtown area.

Council Member Andresen said she supported referring the proposal to the Town staff. Council Member Andresen said the timing of Mr. Kuralt's proposal was good. Council Member Andresen stated that the proposal was favorable toward the needs of pedestrians. Council Member Andresen suggested that the scope of the resolution be expanded to include referral to the Community Appearance Commission. Council Member Werner said it would also be useful to discuss the proposal with University officials, since the proposal could possibly impact Cameron Avenue. Council Member Preston said she had studied the proposal and found it to be interesting and imaginative. She inquired whether travel lanes would still be provided on Franklin Street. Mr. Kuralt said yes.

Council Member Brown said the proposal was very appealing. She inquired how North Carolina Department of Transportation officials would respond to the proposal. Mayor Howes noted that Franklin Street was a State-maintained roadway. He postulated that Department of Transportation officials would not favor the proposal. Mayor Howes also noted that a similar modification to a State-maintained road in Hendersonville had proven successful.

COUNCIL MEMBER ANDRESEN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 1.2 AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

PLEASE INSERT RESOLUTION 1.2 HERE

Item 8 - Downtown Parking Regulations/Occupancy Limits

Planning Director Roger Waldon stated that a petition had been presented on July 8th concerning occupancy and parking regulations. Mr. Waldon said the Manager was recommending that the Council call a public hearing in November on downtown parking regulations and occupancy limits. Mr. Waldon noted that there were on-going occupancy limit inspections in the downtown area and Town-wide. Mr. Waldon said that the Manager was suggesting a more intensive survey of the Town Center area, including how occupancy limits should be determined.

Council Member Werner said he was glad to receive a report on the matter and favored holding a public hearing on the proposal. He emphasized the need to undertake a broad outlook on parking requirements.

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

Council Member Andresen said she favored a review of parking requirements and occupancy limits. She inquired whether the $7,200 per parking space in-lieu payment had ever been employed. Mr. Waldon said no merchants had employed the $7,200 payment per space. Council Member Andresen said it would be unwise to implement the strategy of requiring no off-street parking. She suggested possibly establishing a point system on a sliding scale for parking requirements.

Bill Burton, a local attorney, expressed concern that parking regulations were being used to coerce local businesses into taking other actions. Mr. Burton said that subjective application of rules such as parking regulations was dangerous. Mr. Burton urged the Council to limit parking regulations solely to dealing with parking problems.

RESOLUTION 2 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION CALLING A PUBLIC HEARING ON DOWNTOWN PARKING REQUIREMENTS (91-8-26/R-2)

WHEREAS, questions have been raised regarding the appropriateness of existing off-street parking requirements for Town Center districts;

NOW, THEREFORE, BE IT RESOLVED that the Town Council directs the Town Manager to prepare draft amendments to the Chapel Hill Development Ordinance and Chapter 11A of the Town Code that would adjust or eliminate off-street parking requirements in the Town Center-1 and Town Center-2 zoning districts.

BE IT FURTHER RESOLVED that the Council requests the Planning Board and Transportation Board to review and comment on this draft amendment.

BE IT FURTHER RESOLVED that the Council schedules a Public Hearing for November 18, to consider this proposed amendment.

This the 26th day of August, 1991.

Item 9 - Report by Solid Waste Reduction Task Force

Tom Weschler said that the Solid Waste Reduction Task Force had been created by action of the Council on June 12, 1990. Mr. Weschler presented a brief overview of the Task Force's mission. He also noted that Task Force had twentry-two members, eight of whom were in attendance (Nancy Gabriel, Betty Maultsby, Debra Miller, Brian Palmer, Judith Wood and Council Members Julie Andresen, Nancy Preston and Alan Rimer). Mr. Weschler thanked all of the task force members for their work in a variety of areas. Mr. Weschler also thanked Public Works staff members Gayle Wilson, Blair Pollock and Wendy McGee for their assistance.

Mr. Weschler said the need for waste reduction was a common problem throughout the United States and the world. He emphasized the task force's desire to keep costs of implementation as low as possible. Mr. Weschler stated that the task force recognized the need for greater materials recovery and higher tipping fees at landfills. Mr. Weschler said he would answer any questions by the Council or discuss findings of the task force in greater detail.

Council Member Brown said that the Solid Waste Reduction Task Force had been a participatory committee, with all members of the committee contributing tremendously to the overall effort. Council Member Brown thanked all the task force members for their work and commitment.

Council Member Wilkerson inquired whether any time frame was being recommended for implementation of a unit-based fee structure for waste disposal. Mr. Weschler said no specific time frame for implementation had been outlined, although such structures had proven successful in limiting waste production by individual households in other parts of the country. Council Member Wilkerson noted that the Town was in the midst of implementing once per week curbside pickup and an expanded recycling program. He noted that both these items would have significant budgetary impacts. Council Member Wilkerson said he commended the task force's report to the Council. Mr. Weschler noted that a task force subcommittee had endorsed a twenty-five percent minimum recycling goal by 1993. Mr. Weschler said that there had been good success in the Town in diverting recyclables from the waste stream.

Council Member Andresen said she was appreciative of the work of the committee. She stated that recommendations relating to education and waste reduction incentives were very important to successful program implementation. Mr. Weschler noted that good local leadership was the key to implementing a successful waste reduction program. Council Member Brown said she hoped the community would discuss waste reduction matters further in an open manner.

Mayor Howes inquired whether the task force had discussed methods for enforcing source separation relative to the waste stream. Mr. Weschler said the task force had not specifically recommended enforcement remedies relative to source separation. Mr. Weschler said costs to individuals would be increased if they chose not to recycle.

Council Member Preston thanked the task force for an excellent report. She noted that the task force had grappled with how to address source reduction. Council Member Preston said that education played a very important role in reducing waste volumes. Council Member Brown said she saw the report as a beginning, rather than closing, point.

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

Item 10 - Library Daylighting Features

Town Manager Horton said that the cost of including additional daylighting features in the library would be substantial. He noted that private foundation grant funding of $20,000 to $25,000 might be available for daylighting of the facility.

Library Director Kathy Thompson said that the Council had approved design development drawings for the new library facility at its July 8th meeting. Ms. Thompson said the design drawings took maximum advantage of natural light by way of special window glazings and treatments. She noted that daylighting could enhance aesthetics of the building by introducing natural light into the center of the building and decreasing dependency on electrical costs. Ms. Thompson noted that possible disadvantages of daylighting included possible negative effects on books and paper due to natural light exposure.

Project architect Josh Gurlitz provided an overview of apertures, describing them as east-west running clear story windows. Mr. Gurlitz said the North Carolina Alternative Energy Corporation had recommended apertures which were three and a half feet tall and twelve feet above the floor of the library. Mr. Gurlitz said this would produce the most indirect light with the least amount of glass area. He noted that apertures would not be visible from the building interior.

Ms. Thompson said that total estimated costs for daylighting the entire facility would be $74,000, $26,000 of which was for the children's area. She said that the Manager was recommending daylighting of the children's area at this time. Mayor Howes said the Library Committee was interested in daylighting the library to the extent practicable, not taking money which would detract from the balance of the building. Ms. Thompson said she had polled the Library Board of Trustees and Library Committee and found that the members favored daylighting if paid for with grant funding. Council Member Brown asked whether only daylighting of the children's area was being recommended. Ms. Thompson said this was the Manager's recommendation. Mayor Howes said the proposal called for a substantial increase in daylighting in the children's area only. Mr. Horton noted that daylighting included glazing and other features which could be detailed by Mr. Gurlitz. Mr. Gurlitz said that most "people spaces" had been organized around the exterior portions of the building. He noted that these areas would have natural daylighting.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 3C.

Council Member Andresen inquired whether grant funding would cover total anticipated costs. Mr. Horton said he thought that grants would cover most, if not all, daylighting costs. He noted that the staff's primary objective was for grants to cover all daylighting costs. Council Member Rimer asked whether increased HVAC costs had been taken into consideration. Mr. Gurlitz said yes, noting that North Carolina Alternative Energy Corporation had considered additional heating and cooling costs in its calculations of gross savings less additional estimated energy costs.

RESOLUTION 3C WAS ADOPTED UNANIMOUSLY (8-0).

(PLEASE REVISE RESOLUTION 3C)

A RESOLUTION AUTHORIZING THE MANAGER TO PROCEED WITH ADDITIONAL DESIGN DRAWINGS TO INCORPORATE DAYLIGHTING FEATURES IN THE CHILDREN'S AREA OF THE NEW LIBRARY (91-8-26/R-3C)

WHEREAS, it is the intent of the Council to incorporate energy efficient design into all new municipal buildings to the extent feasible; and

WHEREAS, the design drawings approved by the Council on July 8, 1991 include daylighting features which implement the use of natural light throughout the central part of the library; and

WHEREAS, the Library Committee, Library Board of Trustees and staff have reviewed the costs and benefits associated with additional roof apertures for the new project; and

WHEREAS, additional daylighting features would be most effective both in terms of operating costs and aesthetic effect if implemented in the children's room area;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to proceed with additional daylighting features in the children's area of the new library.

This the 26th day of August, 1991.

Item 11 - Bicycle Helmet Safety

Police Planner Jane Cousins stated that Dr. Raymond Sterner had petitioned the Council on bicycle helmet safety. She stated that the Manager's principal recommendation was to establish a committee to educate citizens on bicycle safety. Ms. Cousins said that safety experts agreed about the importance of helmets as a safety tool for bicyclists. She briefly reviewed bicycle safety regulations in other communities around the nation.

Ms. Cousins said that the proposed ordinance for the Town needed to apply to riders of all ages. She stated that safety awareness would be raised somewhat by the introduction of a bicycle helmet ordinance. Ms. Cousins stated that disadvantages of an ordinance included: possible discouragement of bicycle usage, the need for production of informational signs, the cost of helmets and difficulty of enforcement. She said that public education programs had worked well in other areas of the country. Ms. Cousins stated that an educational committee would be the best tool for bicycle helmet safety.

Dr. Ray Sterner said an aggressive educational campaign complemented by an ordinance would be a good idea and essential in reducing severe and fatal bicycle accidents. Dr. Sterner said that Town residents prided themselves on being informed. He noted that a random survey in Town one year ago found that only seven percent of child bicycle riders wore bicycle helmets. Dr. Sterner said this compared favorably to the national average of two percent, but was an undesirably low use percentage. Dr. Sterner stated that both bicycle education and a safety ordinance were needed.

Dr. Sterner said that seat belt public education programs had limited effects until seatbelt regulations became law. Dr. Sterner stated that the wearing of bicycle helmets among juveniles was very unpopular due to peer pressure. Dr. Sterner said that Howard County, Maryland had recently implemented a bicycle helmet ordinance. Dr. Sterner said that few warnings had to be issued and the usage of helmets had increased dramatically. Dr. Sterner said that helmets could be purchased in quantity for as little as $13 per helmet.

Dr. ______________ Wurley, a local pedetrician, said he was becoming a little impatient with education programs relating to bicycle safety. Dr. Wurley said that parents had a very difficult time getting their children to wear safety helmets. Dr. Wurley said that process of education was a slow one. He stated that the North Carolina Highway Safety Research Institute was a good resource for developing bicycle safety regulations.

Taylor Watson, a young Town resident, said he used to hate wearing his bicycle helmet. Mr. Watson said he was glad he had listened to his mother's advice of wearing a helmet after a recent accident on his bicycle. Ms. ___________ Watson said Taylor had dented his helmet in the accident and had been knocked unconscious for a few minutes. She emphasized the importance of a helmet in protecting Taylor's head and general safety.

Council Member Werner said the most effective approach was to combine an educational program and helmet use ordinance. Council Member Werner noted that there was a great deal of pressure for young people not to wear bicycle helmets. Council Member Werner said the Manager had provided a modified ordinance concerning the use of bicycle helmets.

COUNCIL MEMBER WERNER MOVED ADOPTION OF REVISED ORDINANCE 1.

Council Member Andresen asked whether Council Member Werner was proposing passage of the ordinance without a public hearing.

Mayor Howes noted that the Council had the authority to do so, but holding a public hearing might be advisable. Mayor Howes said he favored an educational program complemented by a bicycle helmet use ordinance. Council Member Andresen said she concurred with Mayor Howes about the need for a two-pronged approach. She stated that a public hearing on the matter was needed. Council Member Andresen also suggested that the Town contact the Town of Carrboro and Orange County in a spirit of cooperation and coordination relative to bicycle safety. Council Member Andresen said she was concerned about the proposed fine of fifty dollars. She suggested that warnings be initially issued, possibly supplemented with ten dollar fines in the future. Council Member Andresen inquired whether the citizens committee should be broadened to address bicycle safety in general.

Council Member Werner noted that there were several bicycle education programs in the community. He noted that the issue of bicycle safety had been before the public for quite some time. Council Member Werner said he was not uncomfortable about passing the ordinance without a public hearing. Council Member Werner said he agreed that a $50 fine was too high and suggested that a $15 fine was more appropriate.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE WITH A FINE OF $15 INSTEAD OF $50.

Council Member Brown asked when a public hearing could be held on the proposed ordinance. Mr. Horton said that it was possible for the Council to call a special hearing in October. Council Member Wilkerson noted that the proposed ordinance would not take effect for six months. Council Member Herzenberg noted that he had never holding a public hearing in the past. He added that it was difficult to imagine opposition to the proposal. Council Member Herzenberg noted that civil libertarian organizations did not oppose seatbelt or motorcycle helmet laws. Mayor Howes said he could not vote for the ordinance without holding a hearing on the matter. Council Member Preston asked whether a substitute motion was in order. Mayor Howes said yes.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, A SUBSTITUTE MOTION TO HOLD A PUBLIC HEARING ON THE DRAFT ORDINANCE ON OCTOBER 7TH.

Council Member Werner said he preferred to pass the ordinance this evening.

THE SUBSTITUTE MOTION WAS PLACED ON THE FLOOR AND FAILED TO PASS BY A VOTE OF 4-4, WITH COUNCIL MEMBERS HERZENBERG, RIMER, WERNER AND WILKERSON VOTING NO, AND COUNCIL MEMBERS ANDRESEN, BROWN, PRESTON AND MAYOR HOWES VOTING AYE.

Mayor Howes noted that ordinance adoption on first reading would require six or more votes.

THE MAIN MOTION, TO ADOPT ORDINANCE 1 AS REVISED, WAS PLACED ON THE FLOOR. THE MOTION FAILED ON FIRST READING BY A VOTE OF 4-4, WITH COUNCIL MEMBERS ANDRESEN, BROWN, PRESTON AND MAYOR HOWES VOTING NO, AND COUNCIL MEMBERS HERZENBERG, RIMER, WERNER AND WILKERSON VOTING AYE.

Mayor Howes said it was apparent that all eight Council Members favored the proposed ordinance. Council Member Werner stated that the resolution for the item should be passed when the ordinance was adopted. Council Member Preston asked whether it was possible for the item to return at the Council's next regular meeting. Mayor Howes said he regretted that some action could not be taken on the matter tonight. Council Member Rimer said bicycle helmet safety needed the Council's prompt attention. He noted that no new information would be presented at the public hearing on the proposed ordinance. Council Member Rimer said he respected the Council's tradition of holding public hearings, but he felt that the matter before the Council transcended tradition. Mayor Howes said it was possible that Council Members would have the chance to talk among themselves about the matter in the near future.

Council Member Werner suggested that the Council hold a brief public hearing at its September 10th meeting. Mr. Horton said that the schedule would permit a brief hearing on September 10th.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO HOLD A PUBLIC HEARING ON THE PROPOSED BICYCLE HELMET USE ORDINANCE AT THE COUNCIL'S SEPTEMBER 10TH REGULAR MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 11.1 - Low-Income Housing Appropriation

Assistant Town Manager Florentine Miller said that representatives from the Orange Community Housing Corporation and Culbreth Park were in attendance at this evening's meeting. Ms. Miller said that resolutions a, b and c authorized the allocation of funds to three agencies: Triangle Housing Partnership, Orange Community Housing Corporation and Culbreth Park Community Development Corporation. Ms. Miller briefly described the mission of each entity and the proposed use of funds.

Council Member Andresen said she thought that the Council had previously allocated these funds in the budget. Mr. Horton said that $150,000 had been allocated in the budget, with this evening's agenda item specifically earmarking these funds. Council Member Rimer requested additional information on the purpose and function of the Housing Loan Trust Fund. Mr. Horton said the Fund was a means to accumulate funds for low-interest loans and grants to support housing programs. Ms. Miller said the funds were used primarily for rehabilitation and mortgages. Mr. Horton said that the Fund was replenished through mortgage payments. Council Member Rimer inquired whether all three parties were satisfied with their allocations. Ms. Miller said this was correct.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTIONS 4.1, 4.2 AND 4.3.

Council Member Andresen inquired whether there would be performance agreements for all three organizations. Mr. Horton said that there would be performance agreements with all three organizations and contracts with Culbreth Park Community Development Corporation.

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE TRIANGLE HOUSING PARTNERSHIP (91-8-26/R-4.1)

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

WHEREAS, the Town has received a request from the Triangle Housing Partnership to contribute, along with the cities of Durham and Raleigh, to the Partnership's efforts to stimulate construction of low and moderate income housing;

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes allocation of $4,000 to the Triangle Housing Partnership, in order to stimulate construction of low and moderate income housing.

This the 26th day of August, 1991.

A RESOLUTION AUTHORIZING A PERFORMANCE AGREEMENT WITH THE ORANGE COMMUNITY HOUSING CORPORATION (91-8-26/R-4.2)

WHEREAS, the Town has received a request from the Orange Community Housing Corporation, requesting funding support to enable the Corporation to support operating costs and the development of low and moderate income housing;

NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the Town Manager to execute a Performance Agreement with the Orange Community Housing Corporation in the amount of $35,000.

This the 26th day of August, 1991.

A RESOLUTION ALLOCATING FUNDS TO THE CULBRETH PARK COMMUNITY DEVELOPMENT CORPORATION FOR THE CULBRETH PARK LOW-INCOME HOUSING PROGRAM (91-8-26/R-4.3)

WHEREAS, the Culbreth Park Community Development Corporation is building a subdivision of homes for low-income families; and

WHEREAS, the Council has demonstrated support of the Culbreth Park Housing Program in November 1989, by committing funds to provide second mortgages for seventeen of the thirty subsidized homes and pledged its best efforts to provide or assist in raising funds for the additional thirteen homes.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill authorizes allocation of $111,000 from the General Fund low income housing appropriation, and $71,000 from the Housing Loan Trust Fund for a total of $182,000, to provide thirteen(13) second mortgages to low-income families for homes in the Culbreth Park Development.

This the 26th day of August, 1991.

Item 12 - Council Calendar of Meetings

Town Manager Horton briefly reviewed proposed meeting dates for hearings, regular meetings, budget, capital improvements program, community development hearings, work sessions and other purposes. Mr. Horton stated that the new Council might wish to review the proposed calendar.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT ORDINANCE 2.

Council Member Rimer inquired whether sessions for general planning were included in the proposed calendar. Mr. Horton stated that several work sessions had been included in the calendar, possible for planning purposes. Mr. Horton said he thought the Council benefitted from general discussion sessions.

ORDINANCE 2 WAS ADOPTED UNANIMOUSLY (8-0).

PLEASE INSERT ORDINANCE 2

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON,

TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

PLEASE INSERT RESOLUTION 5

Item 13 - Annual Reports

Mayor Howes reported that the Transportation Advisory Committee had followed most Council recommendations concerning Thoroughfare Plan proposals at its August 2nd meeting. Mayor Howes said the recommendations would be evaluated by the State Department of Transportation on September 25th. Mayor Howes also noted that a five dollar vehicle registration fee for the Triangle Transit Authority would likely be approved for Orange County.

Council Member Andresen inquired what needed to be done on water protection matters being considered by the Environmental Management Commission. Mayor Howes noted that over one hundred people had signed up to speak at a recent hearing on water protection. Mayor Howes said he was uncertain what actions would be taken on water

protection regulations. He noted that public comment would be accepted through October 30th.

Mr. Horton said he was pleased to present the annual report and would be pleased to respond to any questions by the Council.

Council Member Rimer inquired about the status of engineering standards. Town Engineer George Small responded that the staff would continue to work on proposed standards throughout the fall.

Item 14 - Boards and Commissions

All applicants for the Housing Advisory Board, Library Board of Trustees and Planning Board were nominated.

The appointment to the Transportation Board was carried over to the Council's September 10th meeting, since none of the applicants received five votes. Votes received were as follows:

Daniel Coleman 3 votes ( )

Ruby Sinreich 3 votes ( )

Belinda Wells 1 vote (Mayor Howes)

Council Member Wilkerson was outside the Chamber at voting time.

Mayor Howes reported that Orange Water and Sewer Authority Board Member Tom McCurdy had agreed to continue to serve on the Board for as long as the Council desired. The Council concurred that Mr. McCurdy continue to serve on the Board of Directors.

Council Members Andresen and Herzenberg were nominated to serve as representative on the Orange County Visitors' Services Board.

Item 15 - Consent Agenda

Council Member Andresen requested removal of item E from the consent agenda. Council Member Herzenberg requested removal of agenda item F.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS "B", "E" AND "F". THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES (91-8-26/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 regard to the following:

a.Amendments to Town Council Procedures Manual (Council Minutes procedure). (R-7).

c.Calling public hearing on Comprehensive Housing Affordability Strategy (R-10).

d.Calling public hearing on Dawes Street right-of-way closure (R-11).

g.Parking changes for post office and court building (O-3).

h.Investor's Title parking agreement (R-14).

i.Parking restrictions on Cobb Terrace (O-4).

j.Biennial bridge inspections (R-15).

k.Street maintenance acceptance (O-5).

l.Mosquito control program funding (R-16).

m.Report on mixed paper recycling.

n.Ordinance penalty study R-17).

PLEASE INSERT RESOLUTIONS 7, 10, 11, ORDINANCE 3,

RESOLUTION 14, ORDINANCE 4, RESOLUTION 15, ORDINANCE 5,

RESOLUTIONS 16 AND 17.

A RESOLUTION AMENDING THE TOWN COUNCIL'S PROCEDURES MANUAL (91-8-26/R-7)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby amends the Council's Procedures Manual by adding the following to Section III(D):

7. Street lighting policy

AMENDED AND RESTATED RESOLUTION ADOPTING A STREET LIGHTING MASTER PLAN FOR THE TOWN OF CHAPEL HILL AND DIRECTING THE TOWN MANAGER TO IMPLEMENT ITS COMPONENTS

WHEREAS, Chapel Hill recognizes a need to provide adequate lighting along Town streets to ensure the safe movement of motorists, pedestrians and other users of public rights-of-way; and

WHEREAS, present lighting levels are unsatisfactory in terms of amount of light, uniformity of light, and cost efficiency; and

WHEREAS, a master plan for street lighting has been developed establishing goals and objectives, policy guidelines and stages for increasing present lighting services;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a master plan for street lighting, a copy of which is attached to and made a part of this resolution, that establishes policy guidelines and designates phases of implementation to be specified as part of the annual budget process; and

BE IT FURTHER RESOLVED that the Manager is directed to implement the Master Plan as part of each annual recommended budget as funds allow, until the basic components of the Plan have been accomplished.

Originally adopted the 12th day of May, 1986 (86-5-12/R-9); as amended the 25th day of April, 1988 (88-4-25/R-6); and restated through resolution 91-8-26/R-__) amending the Council's Procedures Manual.

Master Plan for Street Lighting

Town of Chapel Hill

Orderly development of a master plan for street lighting townwide includes consideration of several major factors. The following plan includes street lighting goals and objectives, definitions of key program elements, policy guidelines and details of phased implementation. The primary goal of street lighting within Chapel Hill is to enhance safe use of streets by motorists and pedestrians.

Goals and Objectives

1. To provide for safe use of Town streets by motorists and pedestrians through matching appropriate levels of lighting to classification of street.

Comment: An effective lighting system should acknowledge that appropriate lighting levels to enhance safety relate to the category of primary street usage.

2. To discourage crime through provision of adequate lighting.

Comment: Research has suggested that adequate lighting discourages person/person and person/property crimes. Thus, prevalent crime rates will be considered in establishing services in given areas of Town.

3. To assist individuals in locating specific places within Town limits.

Comment: While this objective does not require lighting levels sufficient to reveal all identifiers for residences and businesses, lighting should be sufficient for locating streets. Such lighting ideally would also enable users of streets to see signing and informational items placed within and along rights-of-way.

4. To provide a lighting system responsive to citizen and business needs.

Comment: Pursuit of this objective must consider such factors as equity and fairness of services, sound budgetary principles and compatibility with the other components of the street lighting policy. When the objective of responsiveness conflicts with one or more of these factors, decisions should be based primarily on safety, budgetary and equity considerations.

5. To enhance pedestrian traffic safety along certain walkways adjacent to or in the vicinity of streets.

Comment: Tree canopies reduce effectiveness of street lighting along walkways. Accordingly, use of a pedestrian lighting system as a supplement to street lighting may be desirable in sections of Town with high pedestrian traffic.

Definitions of Key Elements

Service Levels

The Illumination Engineering Society (IES) has established lighting standards for various classes of streets. These nationally recognized standards acknowledge such key variables as use of streets, prevalence of entering and exiting rights-of-way, parking and existing physical conditions on or near the streets. Standards relate to amount of light, noted in terms of foot candles, and uniformity of light, stated as a ratio of average to minimum foot candles along a given distance. These standards result in service levels that increase according to use. Higher levels of lighting correspond to higher usage by motorists and/or pedestrians. Since the basis for differentiating levels of service is use, IES standards would be appropriate for all classes of streets in Chapel Hill. Allowances are already made for differences in the intensity of use and safety needs. Selective reduction of service levels for certain classes of streets, primarily those classed as residential, is necessary because of high costs involved with conversion to full IES standards.

Street Classifications

IES's "Illumination Guide" (attached) groups streets into 3 classes--commercial, intermediate and residential. These area classes are further subdivided into major, collector and local categories. Standards and lamps are established for each. The operational definitions of street types are used to classify streets here and to establish priorities for phased service improvements. These definitions correspond to streets classified in Chapel Hill's Design Manual, in which IES's intermediate class corresponds to the Design Manual's arterials.

Policy Guidelines

Provision of lighting along Town streets enhances the safe movement of motorists, pedestrians and other users of public rights-of-way. The Town's streetlight system is designed to support the following guidelines:

1. Residential streets will be lighted at 220-foot intervals, with amendments as needed to take into account local conditions such as topography, traffic volumes, number of intersections, crime rates and other factors such as those mentioned in Policy Guideline #5. Some intermediate streets will be lighted to 50% of IES standard. Town streets will be classified based on operational definitions of lighting by IES and consistent with Chapel Hill's Design Manual.

2. Conversion to the standards set forth in these policies, townwide will be phased over several years. Priority for implementation will be based on use, with commercial, intermediate and residential area classes being converted in that order.

3. New subdivisions will be required to light to the new standard as per Guideline #1. New roads and those about to be widened will be lighted to the applicable standard in this plan.

Phase II - FY 1987-88. "Private street lighting systems will not be allowed other than for accent or driveway lighting, or other decorative purposes."

4. The Town standard for residential street lighting shall be Duke Power's economical traditional luminaire, mounted on a 12-foot fiberglass pole. Exceptions to this standard may be approved when a duly authorized officer of a neighborhood group requires another configuration of hardware, and whereby any cost difference for the different hardware can be paid by the developer or representative in a lump sum prior to installation of the lights, with no further payments for additional operating costs required by non-standard street lights and whereby the chosen lighting configuration results in the same cost to the Town per month in rental fees as the Town standard, and whereby Duke Power will agree to own, install, maintain and otherwise service said hardware.

5. The Town Manager will determine those circumstances in which implementation guidelines will be waived. Examples include, but are not limited to, adjustments for areas with particularly high incidence of crime; significant public demand for additional services, and physical conditions associated with conversion. If there are a significant number of permanent overhead utility lines, the Town Manager may waive the requirement for underground lines for the lights.

6. Funds for scheduled implementation of the street lighting master plan will be requested in annual operating budgets pursuant to guidelines in effect.

Implementation Phases

Phase I - FY 1986-87

All street classes of major/commercial will be converted to 200% of IES standards. Such classes include the following streets:

1. Franklin Street from Hillsborough Street to Carrboro town limits;

2. Airport Road/Columbia Street from North Street to Cameron Avenue; and

3. Rosemary Street from Henderson Street to Mitchell Lane.

The following major/intermediate streets will be converted to 100% IES standards:

1. Franklin Street from Elizabeth Street to Eastgate Shopping Center entrance;

2. Columbia Street from Cameron Avenue to Manning Drive;

3. Airport Road from North Street to Estes Drive; and

4. Estes Drive from Franklin Street to 15-501.

Phase II - FY 1987-88

Intermediate streets will be converted to 100% of IES standards. In addition, a residential neighborhood with a high degree of pedestrian traffic will be converted to 50% of IES standards for residential streets. The anticipated additional annual funding level for this phase will be $20,000 - $25,000, which may be increased or decreased through the budget process. As many intermediate streets as possible will be selected from the list in the Appendix, along with the pilot residential neighborhood, for conversion within this cost range. The lighting in the pilot neighborhood will be evaluated, especially in relation to revised lighting standards.

Phase III - FY 1988-89

Any intermediate streets remaining from the list below that were not converted during Phase II will be converted to 100% of IES standard, again within an anticipated additional annual cost range of $20,000 - $25,000. Conversion of residential neighborhoods to 50% of IES standards will commence during this phase. (Selection of areas for conversion will be made as part of the budget process. The Director of Public Works will formulate specific proposals for approval based on policy guidelines established in this master plan.

A comprehensive plan for pedestrian lighting as an adjunct to street lights will be developed during this phase. Results from the conversion of a pilot residential neighborhood with high pedestrian use during Phase II will be used in the formulation of such a plan. Impacts of tree canopies on lighting along walkways from street luminaries will be identified. Results will be used to set standards for lighting sidewalks, bikepaths and other walkways in those areas of Town with significant needs for supplemental lighting. Improvements will be made starting in subsequent phases as funding and needs warrant. Such improvements will be coordinated with officials from the University of North Carolina as to compatibility, funding and responsibility. Coordination with citizen groups such as the Historical Society and the Preservation Society as to types of fixtures will also be necessary. Specific plans will be identified as part of future budget preparation.

Future Phases

Conversion of residential neighborhoods to 50% of IES standards will be undertaken each fiscal period within an anticipated increase to annual operating costs of $20,000 - $25,000. Selection of areas will be made as part of the operating budget process.

Appendix of Intermediate Streets

(corresponds to Design Manual's Principal and Minor Arterials)

Airport Road from Estes Drive to Northern Town Limit

Erwin Road from 15-501 to Weaver Dairy Road

Estes Drive from Franklin Street to Carrboro Town Limit

Franklin Street from Hillsborough Street to Elizabeth Street

South Columbia Street from Manning Drive south to Town Limit

15-501 from Franklin Street to N.C. 54 and from Franklin Street east to Town Limit

N.C. 54 from Franklin Street west to Carrboro Town Limit

Weaver Dairy Road

Cameron Avenue

Ephesus Church Road

Manning Drive (University responsible for portion)

Merritt Mill Road

McCauley Street

Rosemary Street from Henderson Street east to Boundary Street and from Mitchell Lane to Carrboro Town Limit

South Road (University responsible for portion)

Willow drive from Estes Drive to 15-501

8. Stop sign and speed limit policies.

A RESOLUTION IMPLEMENTING POLICY AND GUIDELINES FOR INSTALLATION OF STOP SIGNS AND ASSIGNMENT OF SPEED LIMITS (89-4-24/R-6)

WHEREAS, increasing traffic volumes throughout Town have resulted in corresponding increases in the number of stop sign and speed limit requests to control that traffic; and

WHEREAS, the Town does not have written policy or guidelines to use when making recommendations in response to stop sign and speed limit requests; and

WHEREAS, it is the intent of the 1987-89 Town Council to use this policy to evaluate proposals for additional stop signs, rather than re-evaluating existing multi-directional stop signs;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the attached policy for Placement of Stop Signs and Assignment of Speed Limits shall be used as a general guide in decisions on placing stop signs and assigning speed limits on Town streets, and will be included in the Engineering Department's Policies/Procedures Manual.

This the 24th day of April, 1989.

POLICY "C"

A POLICY FOR PLACEMENT OF STOP SIGNS

AND ASSIGNMENT OF SPEED LIMITS

OBJECTIVE: It is the policy of the Town of Chapel Hill to install stop signs and assign speed limits that will promote the safe, efficient, and orderly movement of vehicles throughout the Town while preserving existing residential neighborhoods and providing safe and accessible means for pedestrian movement adjacent to and across Town streets.

GUIDELINES: The following guidelines shall be considered when evaluating placement of stop signs and assignment of speed limits on Town streets. In general, the Town of Chapel Hill places signs of all types in accordance with the recommendations of the Manual on Uniform Traffic Control Devices for Streets and Highways (M.U.T.C.D.), published by the U.S. Department of Transportation. This policy includes the general M.U.T.C.D. recommendations and supplements them with more specific guidelines directed to situations expected

STOP SIGNS

Stop sign(s) may be warranted at an intersection where one or more of the following conditions exist:

1. Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous.

2. Intersection of a minor street entering a through highway or street.

3. Unsignalized intersection in a signalized area.

4. Intersection where a combination of high speed, restricted sight distance, and serious accident record indicates a need for control by stop sign(s).

5. Intersection which intercepts identified pedestrian route(s) carrying significant pedestrian volume.

6. Intersection on a street without

7. Intersection with existing irregular stop sign placement, where additional sign(s) would improve safety.

8. Unsigned intersection within an existing series of intersections with stop signs.

9. Where the interest of public safety dictate.

10. Intersection of two collector streets that provide primary service to an area and carry nearly equal traffic volumes, which makes clear assignment of right-of-way difficult.

11. Intersection adjacent to facilities such as parks, pools, schools, or other facilities which significantly increase and concentrate pedestrian and vehicular traffic in a localized area.

12. Intersection within a specific street network that carries through traffic on a route which is less desirable that on an alternative route or designated thoroughfare.

Stop sign installation will normally not be recommended in the following situations:

1. At mid-block locations.

2. Solely for the purpose of controlling vehicular speeds.

3. At locations where a stop would create a high likelihood of rear-end collisions.

4. On major arterials or thoroughfares.

5. At locations where yield signs will provide adequate control without requiring full stops.

6. At railroad crossings.

Stop sign installations will be evaluated by Town engineering staff and judged in accordance with these guidelines to avoid potentially detrimental use of this highly restrictive traffic control measure. Evaluations will consider alternatives to stop sign installations which may include construction of sidewalks, improvement of sight distance, construction or improvement of alternative traffic routes, or other site-specific improvements in lieu of stop sign placement.

SPEED LIMITS

In general, speed limits will be assigned on the basis of street classification as follows:

Local.............................25 mph

Collector.........................25-35 mph

Arterial (Major and Minor)........45 mph

Changes in existing speed limits and/or posting of speed limits other than those generally recommended by street classification will be considered in situations where:

1. Changes in use of property(s) adjacent to a street create changed speed limit conditions.

2. Changes in vehicular or pedestrian traffic patterns on a given street create changed speed limit conditions.

3. The proximity or locations of parks, pools, schools, driveways or other facilities increase and concentrate vehicular and pedestrian traffic on a given street or streets.

4. Street design will not accommodate the speed limit normally recommended, or the posted speed limit.

5. Changes will create a more uniform, continuous speed limit throughout a defined travel corridor.

Speed limits below 25 mph will not be considered on public streets with the exception of special zones such as schools or hospitals.

Speed limits will be evaluated by Town engineering staff to create conditions where the Town street system can be utilized efficiently and safely at speeds that can be adequately enforced. Evaluations will include review of alternatives to speed limit changes which may include street improvements, construction of alternative routes, control of access, or other site-specific improvements in lieu of speed limit changes.

9. "Mat and seal" improvements to unpaved Town streets.

A RESOLUTION AUTHORIZING THE USE OF MAT AND SEAL SURFACE TREATMENT FOR UNPAVED STREETS (87-10-26/R-2b)

WHEREAS, the Town of Chapel Hill now includes about 8 miles of unpaved public streets; and

WHEREAS, the residents of such streets experience inconvenience and travellers on such streets experience less safe driving conditions than on standard paved streets; and

WHEREAS, the maintenance of such streets is expensive;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to begin a limited program of mat and seal treatment of short unpaved streets with low traffic volumes, such program to include the following elements:

- assessments of 100% of the cost, to be paid over a period not to exceed 3 years, based on petitions valid according to G.S. Chapter 160A, Article 10;

- priorities set among streets by date of receipt of valid petitions;

- the continued encouragement of residents to petition the Town to improve unpaved streets with standard asphalt, curb and gutter.

BE IT FURTHER RESOLVED that the Manager is authorized to spend up to $30,000 from street resurfacing funds this fiscal year on this program.

This the 26th day of October, 1987.

10. Petitions and assessments for improvement of substandard streets for maintenance by the Town.

A RESOLUTION REGARDING THE MAINTENANCE AND IMPROVEMENT OF EXISTING SUBSTANDARD STREETS

WHEREAS, there exist within the town of Chapel Hill numerous private streets which serve more than two lots, but which have not been accepted for maintenance by the Town because they are not constructed to Town standards; and

WHEREAS, it would benefit the general public safety of the Town if such private streets could be brought under Town maintenance; and

WHEREAS, circumstances sometimes prevent existing private streets from being brought up to Town standards for new subdivision;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby sets the following policy for the improvement and acceptance for maintenance by the Town of private streets within the Town of Chapel Hill.

1. Where neighboring property development prevents the widening or other improvement of an existing street to the standards which would be required in a new subdivision, the Town Manager may recommend and the Council determine upon certain improvements which, if completed, will result in the acceptance of said street for maintenance by the Town.

2. If the Town receives a petition for the improvements determined under section (1), above, with 100% of the costs thereof to be assessed against the abutting property owners; and such a petition is signed by all of the abutting property owners; then the Council may consider said project with other paving projects under the terms of Article 10 of Chapter 160A. N.C.G.S.

3. This policy shall apply to:

a. Streets built in public rights of way which were dedicated before the adoption of this policy; and

b. Streets built in rights of way which may have been dedicated after the adoption of this policy; and

c. Private streets which have been used by the general public and for which right of way has been dedicated.

This the 28th day of January, 1980.

11. Authorization to accept streets built to Town standards into the Town-maintained street system.

A RESOLUTION ADOPTING AN OFFICIAL LIST AND MAP OF ALL STREETS MAINTAINED BY THE TOWN OF CHAPEL HILL (81-R-159)

WHEREAS, the Town of Chapel Hill maintains certain streets within its boundaries; and

WHEREAS, a listing of such streets as maintained by the town has been compiled, along with an accompanying map;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the accompanying list and a map which shall be kept on file by the Director of Public Works and shall identify all streets officially maintained by the Town of Chapel Hill.

BE IT FURTHER RESOLVED that the Town Manager may accept streets in new developments for Town maintenance if such streets have been included in a subdivision plat, Special Use Permit or Site Plan Approval and are constructed to Town standards and specifications.

This the 28th day of September, 1981.

12. Authorization of certain annual temporary street closings and traffic and parking changes.

The Council has authorized annual temporary street closings and traffic and parking changes, as indicated by the resolutions and ordinances cited below, subject to the Manager's approval and conditions of approval for a given year.

a. UNC Homecoming/Franklin Street Extravaganza (91-6-24/R-8 and 91-6-24/O-2)

b. Botanical Garden Open House (91-6-24/R-7)

c. UNC graduation ceremonies (91-4-22/R-14)

d. UNC orientation/one-way traffic on Hooper Lane, Senlac Road and Battle Lane (91-7-8/O-2)

In addition, the Council has amended Section 21-7.1 of the Town Code to authorize the Manager to approve temporary closing of streets or portions of streets for neighborhood block parties.

13. Approval of West Franklin Street for annual Festifall street fairs.

A RESOLUTION AUTHORIZING THE USE OF WEST FRANKLIN STREET FOR THE LOCATION OF THE FESTIFALL STREET FAIRS (91-2-25/R-2)

WHEREAS, the 1990 Festifall Street Fair was successful in its operation and in its public support; and

WHEREAS, The Chapel Hill Parks and Recreation Department will use the same authorized criteria for the selection of vendors and community groups for booth spaces; and

WHEREAS, affected businesses, churches, and residents will be notified about street fair dates and times;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the use of West Franklin Street for the location of the Festifall Street Fairs.

This the 25th day of February, 1991.

This the 26th day of August, 1991

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE INVESTORS TITLE COMPANY FOR THE LEASE OF LAND FOR USE AS A PUBLIC PARKING LOT (91‑8‑26/R-14)

WHEREAS, the Town of Chapel Hill has benefited from the operation of a successful public parking program; and

WHEREAS, the operation of such a program will be disrupted during the construction period for the Rosemary Street Deck; and

WHEREAS, the Town has received an offer from the Investors Title Company to lease its land for use as a temporary parking lot;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute a contract with the Investors Title Company for the lease of land for use as a public parking lot, such contract to be in substantially the same form as presented to the Council at its meeting of August 26, 1991. Furthermore, the Manager is authorized to establish a budget account, and begin operation of parking services on this land, with the understanding that there would be no net cost to the Town for this operation.

This the 26th day of August, 1991.

STATE OF NORTH CAROLINA AGREEMENT FOR

COUNTY OF ORANGE LEASE OF LAND

An Agreement for the lease of land and the operation of a parking lot to be used in the provision of public parking, dated this, the _____ day of __________________, 1991, by and between the Town of Chapel Hill, a North Carolina Municipal Corporation, (hereinafter referred to as "Town"), and Investors Title Company (hereinafter referred to as "Investors Title").

WITNESSETH:

WHEREAS, the Town operates public parking services within the Town center district near the Investors Title property on Rosemary Street; and

WHEREAS, the Town plans the construction of a new parking deck at its lot #1 site which will reduce available public parking during a 16 month construction period; and

WHEREAS, Investors Title owns property on Rosemary Street which could be leased to the Town for use as a temporary parking lot; and

WHEREAS, the parties, for their mutual benefit, have agreed to cooperate to construct a temporary parking lot on the Investors Title Property;

NOW THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE MUTUAL COVENANTS SET OUT BELOW, THE TOWN AND INVESTORS TITLE AGREE AS FOLLOWS:

1. Investors agrees to lease to the Town the property described in Attachment 1, which is incorporated herein as part of this contract.

2. Within 30 days after the effective date of this lease, Investors Title will arrange for construction improvements on this lot so that it is suitable as a surface parking lot. These improvements will include; surface treatment of the unpaved area consisting of 6" of stone base covered with a prime coat and rocks fines, a widened curb cut to allow access and egress from the same end of the lot, a 6" high by 4' wide concrete island centered at the curb cut, and electrical conduit to this island to accommodate power connections for the Town's parking attendant booth which will be relocated to this site.

3. As owner, Investors agrees to cooperate with the Town in applying for a modification to its current Zoning Compliance Permit for this property, to allow for the development as a temporary surface parking lot.

4. The Town will act as agent for Investors Title in completing the appropriate applications for a modification to the current Zoning Compliance Permit.

5. The Town shall operate a surface parking lot on this property for the duration of this contract. All structures and equipment used for parking operations will be removed by the Town within 14 days after this agreement is terminated.

6. The Town will operate this lot in a manner similar to the other Town lots in Town Center District. Rates charged for parking will be identical to those adopted for other lots.

7. The Town shall comply with any applicable Town ordinances, regulations and policies regarding operation and maintenance of this lot.

8. The Town will maintain a separate set of accounting records for the operation of this parking lot. These records will include all revenues and expenses for this lot.

9. Investors Title will be responsible for carrying comprehensive general liability insurance with minimum limits of $1,000,000 per occurrence of combined single limit for bodily injury and property damage liability. The Town will be named as additional insured on this policy. Certificates of insurance meeting the required insurance provision shall be forwarded to the Town of Chapel Hill, Risk Manager.

10 The Town will reimburse Investors Title for the cost of construction improvements, general liability insurance and the cost of State and Local Property taxes on this lot. Payment will be made within 15 days of the receipt by the Town of an invoice from Investors Title which shows the actual cost of these expenses. These expenses will be prorated to cover the actual term of this agreement.

11. The Town agrees to share any net operating profit from the operation of this lot with Investors Title. This net profit will be determined by calculating gross revenues and subtracting all operating expenses paid by the Town, and the payments to Investors Title for construction of the lot and the cost of insurance and taxes. Such profit sharing will be 33% for the Town and 67% for Investors Title. Such profits will be distributed by the Town to Investors Title on a monthly basis payable on the second Friday of each month. A summary of the revenues and expenses will be provided to Investors Title on a monthly basis.

12. The term of this agreement will begin on the date executed and remain valid through the completion of the construction of the Town's Rosemary Street Parking Deck, except as follows; 1. that after May 15, 1992, either party may cancel this agreement upon 30 days written notice to the other party, 2. this agreement will be void if no special use permit is issued which would allow for the operation of a temporary parking lot.

13. Investors Title acknowledges that the permit to use this lot for public parking is valid only during the term of this agreement as set out in #12 above.

14. This Agreement, including any referenced attachments, constitute the entire Agreement between the parties hereto and shall be amended only by written modification executed by both parties.

IN WITNESS WHEREOF, Town and Investors Title have executed this Agreement as of the date first written above.

TOWN OF CHAPEL HILL INVESTORS TITLE

___________________________ ___________________________

Town Manager

Attest: __________________ Attest:____________________

Town Clerk

Approved as to Form: __________________________ Town Attorney

This agreement has been preaudited in accordance with the Local Government Fiscal Control Act.

__________________________

Finance Director

___________________________

Director of Transportation