MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 23, 1991 AT 7:30 P.M

Mayor Howes called the meeting to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Hoe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Council Member James C. Wallace was absent. Also in attendance were Assistant to the Mayor Lisa Price, Acting Town Manager Sonna Loewenthal, Planning Director Roger Waldon, Parks and Recreation Director Mike Loveman, Parks and Recreation Administrative Officer Bill Webster, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Item 1 Ceremonies

Mayor Howes noted that two very special guests would be recognized by the Council this evening. Mayor Howes requested that Carsten Junker come forward to be recognized. He stated that Mr. Junker was a a seventeen year old exchange student from Maintal, Germany and was a guest of the Elinoff family. Mayor Howes noted that Mr. Junker had received a full scholarship for his visit to the United States. Mayor Howes welcomed Mr. Junker to the Town, thanked the Elinoffs for hosting Mr. Junker, and presented him with a Town Seal lapel pin.

Mr. Junker said it was an honor for him to read a letter from the Mayor of Maintal to the Mayor and Council of Chapel Hill. The Mayor's letter noted that the AFS intercultural program offered goodwill ambassadors between the United States and Germany and other nations. Mr. Junker presented the Mayor and Council from Maintal. Mayor Howes requested that Joe and Susan Elinoff and their son Jason rise to be recognized. Mayor Howes noted that his family had hosted an AFS student from England as a guest in their home several years ago.

Mayor Howes requested that Chief Petty Officer Larry D. Reid come forward to be recognized. Mayor Howes noted that Chief Petty Offiicer Reid had served as a member of the Naval Reserve for about seventeen years. He said that Chief Petty Officer Reid had been deployed to the Persian Gulf in December, 1990 and had received a Certificate of Achievement and a Naval Achievement Medal for his service as a platoon and project chief. Mayor Howes stated that Chief Petty Officer Reid had been recognized for his strong leadership in completing the installation of nine hundred thousand square feet of airfield matting within eight days. He also noted that the Navy had cited Chief Petty Officer Reid for his keen ingenuity in carrying out his duties. Mayor Howes introduced members of Chief Petty Officer Reid's family. He also presented Chief Petty Officer Reid with a Town Seal lapel pin.

Chief Petty Officer Reid thanked the Mayor and Council for their recognition. Noting that the Persian Gulf mission had been a great undertaking, Chief Petty Officer Reid stressed the need for adequately addressing a variety of educational and other civic needs at home in the United States.

Mayor Howes noted that Town Manager Cal Horton and Assistant Town Manager Florentine Miller were attending the International City County Management Association annual conference in Boston, Massachusetts.

Item 3 Petitions

Council Member Andresen noted that she and Council Member Rimer had sat on the original Design Task Force. She suggested that the design review process needed to be fine-tuned. Council Member Andresen requested that the Manager examine the design review process to date. She also encouraged council members to requests minutes of the Design Review Board and a report from the Manager on the Design Review Board process.

Item 4 Bolin Creek Greenway

Parks and Recreation Administrative Officer Bill Webster stated that Town staff and the Greenways Commission had begun work on the Bolin Creek greenway proposal in 1987. Mr. Webster said he would review concerns outlined at the September 16th public hearing on the Bolin Creek greenway. He stated that sixteen feet was the minimum required width for a greenways trail, to clear the trail of solid objects only. Mr. Webster said that clearing along the trail would be unsymettrical. He stated that relatively little asphalt erosion along the paved trail was anticipated. Mr. Webster also said that efforts would be made to preserve as many significant trees as possible. He stated that at least sixteen trees over six inches in diameter would be lost in clearing the trail. Mr. Webster said that trail maintenance would include debris removal, grass cutting and sweeping the trail periodically. He added that the estimated cost of trail maintenance was $940 per year, not including $18,000 for the cost of a tractor with a sweeper attachment. Mr. Webster stated that the flooding of the trail would likely occur two or three times a year. He also noted that the Police Department planned to patrol the trail by bicycle about nine hours per week. Mr. Webster said the estimated cost of patrol was about $11,250 per year for staff salaries and benefits.

Mr. Webster also stated that Elizabeth Street was not an ideal terminus for the trail, but it could be adapted to work well. He said that sidewalk installation along Elizabeth Street would cost about $1,700. Mr. Webster said that waiting until sewer line work was completed by OWASA would result in the loss of State grant funding and the loss of three hundred and forty feet of the trail. He stated that the North Carolina Bicycle Program was willing to wait until October 15th to hear from the Town on the special use permit application. Mr. Webster said that several neighbors along Bolin Creek had expressed concern about sewage overflow and flooding in the area. He added that OWASA had replaced a part of the Bolin Creek interceptor in 1988, reconstructing a portion of the Tanyard Branch and Mitchell Lane sewer line. Mr. Webster said OWASA had stated that it had received no complaints about overflowage along the Bolin Creek line since the improvements had been made. He also noted that Town staff had walked the trail with OWASA and Orange County Health Department officials earlier in the day. Mr. Webster stated that the introduction of maintenance crews and Police patrols would help to reduce vandalism along the trail, lessening the potential for overflows. He said that staff would clean the trail and solicit and follow recommendations of the Orange County Health Department in the future.

Mayor Howes requested that persons not previously sworn come forward to be sworn by the Town Clerk.

Mayor Howes introduced Bill and June McClintock, parents of Council Member Andresen, who were visiting the Town from their home in California.

Planning Director Roger Waldon said that the provision of bicycle trails was a key to provide alternatives to motorized vehicles. Mr. Waldon said that Elizabeth Street was the only practical alternative for terminating phase one of the trail. He also noted that it was possible to stripe a one-lane bicycle lane on Elizabeth Street. Mr. Waldon said that this striping had not been included as a condition of approval in Resolution A. He also stated that the staff recommended the posting signs on Elizabeth Street, urging bicyclists to make left turns on to Franklin Street cautiously. Mr. Waldon also said that signs would be installed on Franklin Street alerting motorists of the bicycle crossing. He added that the staff was recommending that the Town work with OWASA to establish a monitoring program for sewer overflows. Mr. Waldon said that advantages of proceeding with the trail outweighed disadvantages. He also briefly reviewed the resolutions before the Council, noting that adoption of Resolutions 1a and 1c were recommended.

Lightning Brown said the proposed bikeway proposal was an excellent one. Narrating a videotape shot along Bolin Creek on September 22, 1991, Mr. Brown noted several areas in which sewage overflows occurred frequently. Mr. Brown said he recommended proceeding with the bicycle trail. He also urged the Council not to give the Orange Water and Sewer Authority an excuse to further postpone its work on the Bolin Creek interceptor line. Mr. Brown also emphasized the need to clean up sewage spills along the creek immediately. He said it was not fair for OWASA to balance its budget on the backs of Town taxpayers. Mr. Brown stated OWASA had promised to replace the sewer line in 1983, 1985, 1988, 1992 and 1995. Mr. Brown said he had no confidence that the improvement would take place in the near term. He also expressed concern that resolution d was not strong enough to handle difficulties with the Orange Water and Sewer Authority relative to the Bolin Creek interceptor.

Dr. Colin Hall said that sewage overflows occurred onto very soft ground along the trail. Dr. Hall stated that OWASA staff had only treated standing sewage with chemicals, rather than addressing the overflow problem. He urged the Council to act firmly in getting OWASA to address the overflow problem along the Bolin Creek interceptor.

Dick Terry stated that sewage concerns were a relatively short-range problem, while the greenways project would help citizens of the Town for many years to come.

Janet Tice, a resident of Umstead Drive, questioned OWASA's records concerning complaints received about the line. Ms. Tice said she had made six to eight complaints about overflows along the line in the last year. Ms. Tice stated that she was delighted that the overflow problems were being brought to light.

No additional parties indicated a desire to speak.

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

Council Member Rimer stated that Mr. Brown's videotape accurately depicted the overflowage problem along Bolin Creek. He added that it was physically impossible for one or two persons to remove manhole covers along the sewer line. Council Member Andresen said she wanted to move ahead on approval of the special use permit for the bikeway. She also stated that adoption of resolution d might not be appropriate at present, since the problem was a separate one which could be addressed by OWASA and Town staff representatives.

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

Council Member Brown said she had walked the Bolin Creek greenway trail and could verify the situation documented on Mr. Brown's videotape. Council Member Brown stated that she supported going ahead with the bikeway trail. She also expressed concern that proposed condition of approval number fourteen placed the Town in the position of monitoring and inspecting the sewer line. Council Member Werner inquired who was responsible for cleaning up sewer line overflows. He stated that although there was a public health problem, the Town was not well advised to take on this responsibility. Town Attorney Karpinos said that stipulation fourteen was intended to address the need to close the trail when sewage spills occurred. He said the intent of the stipulation was not to accept responsibility for cleanup of overflow and spills. Mr. Karpinos added that it was the responsibility of the Orange Water and Sewer Authority, rather than the Town, to address spills. He added that enforcement of public health regulations was handled by the Orange County Health Department.

Tom McCurdy, an OWASA Board Member, stated that OWASA had direct responsibility for the sewer line situation. Mr. McCurdy added that the Orange County Health Department could write citations for violations and require proper remedies. He added that several other areas in Town were subject to overflows and spills during flooding situations. Mr. McCurdy invited interested parties to present their concerns to the Orange Water and Sewer Authority Board of Directors at their meeting on Thursday evening.

Mayor Howes requested that the Town Manager prepare a plan outlining how the Orange Water and Sewer Authority and other governmental entities would be involved in addressing overflow and spill situations. He suggested that the words "and implement" be deleted from stipulation fourteen of the proposed conditions of approval and that the words "and report to the Council" be added. Council Member Preston noted that since the construction deadline for the trail was September 23, 1993, there was a good deal of time to resolve concerns about the interceptor. Ms. Loewenthal stated that completion of the trail was expected to occur by the end of calendar year 1992. Mayor Howes inquired whether it was possible to build disruption time into the sequence in anticipation of OWASA's work. Ms. Loewenthal said joint planning of the projects was possible to a degree, but scheduling conflicts would be likely to occur.

The motioner and seconder agreed to the revisions suggested by Mayor Howes.

THE MOTION, RESOLUTION 1A AS REVISED, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR BOLIN CREEK GREENWAY (File No. 77A.A.1) (91-9-23/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Bolin Creek Greenway development, proposed on property located along Bolin Creek between Airport Road and Elizabeth Street, if developed according to the site plan dated April 30, 1991 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 September 23, 1993 (two years from the date of approval) and be completed by September 23, 1994 (three years from the date of approval).

2. That high priority be given to construction at the Elizabeth Street sidewalk (from the Greenway entrance to Franklin Street, as necessary) in the sidewalk program of the Capital Improvements Plan.

3. That sight triangle easements on Town-owned land be provided on the final plat.

4. That the Town of Chapel Hill shall be responsible for placement and maintenance of temporary regulatory traffic signs.

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

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

7. 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.

8. That a detailed landscape plan, including tree protection plan and landscape maintenance schedule be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

9. That plans for improvements within state right-of-way be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

10. That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), buffer planting and maintenance plans, and landscape protection plans be approved by the Town Manager before issuance of Zoning Compliance Permit or application for final plat approval, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

11. That a soil erosion and sedimentation control plan be approved by the N.C. Department of Health & Natural Resources before issuance of a Zoning Compliance Permit.

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

13. That the trail be closed, with signs so stating, during periods when the trail is flooded.

14. That the Town Manager prepare a plan and report to Council on ongoing monitoring and inspection of sewer manholes along the trail.

15. That signs be posted on Elizabeth Street, near its intersection with Franklin Street, advising cyclists (1) to use caution in a left turn onto Franklin Street; and (2) that downhill use of the nearby uphill bike path on Franklin Street is prohibited. Signs shall also be posed on Franklin Street advising motorists of a bicycle crossing.

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the

application for the Bolin Creek Greenway Special Use Permit in accordance with the plans and conditions listed above.

This the 23rd day of September, 1991.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 1C. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PROCEED WITH THE DEVELOPMENT OF CONSTRUCTION DOCUMENTS AND A BIDDING PROCESS FOR THE BOLIN CREEK GREENWAY TRAIL (91-9-23/R-1c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it authorizes the Town staff to proceed with development of construction documents, apply for all needed permits, and to begin a bidding process for construction of the Bolin Creek Trail, consistent with the Special Use Permit.

This the 23rd day of September, 1991.

Council Member Werner inquired whether a joint meeting had been scheduled with the Orange Water and Sewer Authority. Mayor Howes stated that a draft letter was being circulated to Council Members to determine a date for the meeting. Council Member Werner said he hoped that the meeting would occur in the near future. Mayor Howes said the meeting would occur prior to early December. Council Member Werner noted it was possible that much more severe leakage problems might be posing severe health threats in other parts of the Town. He inquired about the status of the sewer system throughout the Town. Mayor Howes said that OWASA would make a report to the Council on these concerns in the near future. Mayor Howes inquired whether it was the pleasure of the Council to postpone adoption of resolution d. Council Member Werner said yes. Mayor Howes said he thought that the Council would like to consider a broader resolution after meeting with OWASA staff and board members.

Mayor Howes stated that the Council's earlier vote to approve the Bolin Creek greenway trail was an affirmation of the Town's greenway system. He said that the Council was concerned about the public health issue raised by several citizens, but the two matters were not directly tied together.

Item 5 Lot #3 Metered Parking

Transportation Director Bob Godding said that petitions had been received from a number of merchants, requesting that off-street metered parking be added on West Franklin Street. Mr. Godding stated that the Town had issued notices to thirty-one persons leasing spaces in lot #3, advising them that their leasing contracts would not be renewed in lot three. He added that the lessees were offered parking spaces in lot #5. Mr. Godding stated that lot #3 had been converted from a monitored lot to rental parking in 1985. He added that six meters were installed in the lot during 1987 and 1988. Mr. Godding said that a survey in late 1988 and early 1989 found that metered spaces were available on the street during most of the day. He noted that it was difficult to draw conclusions from the most recent brief survey. Mr. Godding said that there had been an increase in utilization of on-street meters since the last survey. He noted that demand varied widely depending upon the time of day, with the north side of West Franklin Street being more heavily utilized. Mr. Godding said that meters were used approximately ninety percent of the time during the lunch and dinner hours.

Mr. Godding said it would be wise to correct several inconsistencies in existing Town ordinances pertaining to parking regulations, especially procedures for levying fines. Mr. Godding noted that it had been possible to install meters in lot #3 using existing spare parts. He said it was necessary to determine supply and demand for metered spaces on West Franklin Street over a longer period of time. Mr. Godding stated that there appeared to be some justification for additional metered parking along West Franklin Street.

Council Member Andresen said she was pleased that staff was recommending adjustments in parking rates and fines. She said that the adjustment was a good one, but the situation was still quite confusing. Mr. Godding said that meters in lot #3 has been clearly signed and posted concerning fines. Council Member Preston asked whether there was a sign at the entrance to lot #3, noting the availability of metered parking. Mr. Godding said yes. Council Member Preston inquired about the status of a request for a crosswalk on West Franklin Street. Ms. Loewenthal said that the crosswalk issue was a separate matter, under discussion with North Carolina Department of Transportation officials.

Berkeley Grimball thanked the Council for moving quickly on the request to provide metered parking spaces in lot #3. He added that three weeks was not sufficient time to survey meter usage in the area. Mr. Grimball said that the needs of the community were better served by the provision of additional transient parking. He requested that the Council direct the staff to convert lot #3 entirely to metered spaces.

Perry Dowd expressed concern that the Police Department had been swamped with parking ticket appeals due to confusion about the availability of parking spaces in lot #3. Ms. Dowd said one of the goals of West Franklin Street merchants was to promote the diversity of businesses in the area. She requested the Council's assistance in resolving confusion about parking space availability in the West Franklin Street area.

Council Member Herzenberg inquired whether there was any good reason not to meter all of lot #3. Mr. Godding said the major objective would be to assure that available resources would be utilized as well as possible. He noted that West Franklin Street parking meters were currently utilized about fifty to sixty percent of the time. Council Member Herzenberg inquired whether it was possible to limit rentals to daytime parking. Mr. Godding said this was a possibility which could be explored. Mayor Howes inquired whether surveying of parking meter use could be continued in the area. Mr. Godding said yes.

Council Member Wilkerson said he thought that monthly renters of lot #3 had been notified that their contractual spaces were being moved to lot #5. Mr. Godding said it was correct that thirty-one users had been so notified. He added that twenty-five patrons of lot #5 had been notified that their leases would not be renewed. Council Member Wilkerson asked why only half of the rental customers in lot #3 had been notified of their lease termination. Mr. Godding said that the thirty-one metered spaces were being surveyed on an experimental basis. Council Member Herzenberg added that the number of meters available for immediate installation was limited. Mr. Godding said this was correct. Council Member Wilkerson inquired whether it was not possible to open up additional spaces without new meters. Mr. Godding said this was correct. He noted that it took approximately six to eight weeks for new meters to be ordered and installed. Council Member Wilkerson said he favored metering all of lot #3, after adequately notifying rental customers that their leases would not be renewed.

Council Member Rimer suggested posting a sign for six to eight weeks stating that meter fees would not be collected in lot #3 after 6:00 p.m. He added that this system would not guarantee around the clock parking spaces, but would permit a scientific study to occur while nighttime parking concerns of area merchants were addressed. Council Member Wilkerson noted that it would still be necessary to replenish the Town's stock of parking meters in the near future. Council Member Rimer inquired whether lot users could be notified of anticipated changes to policies in lot #3. Mr. Godding responded that lot #3 had been designated as a metered zone, but the number of metered spaces was not specified. Council Member Rimer asked whether monthly tenants could be notified of proposed changes. Mr. Godding said this was possible, noting that it would take some time to notify lessees of the changes.

Council Member Werner noted the need to give notice that lot #3 would be available on a first-come first-served basis. Ms. Dowd noted that relatively few cars parked in the lot at night at present. Council Member Werner suggested giving thirty day notice on October 1st that parking would be available on a first-come first-served basis beginning November 1st. Council Member Preston said the change was a good proposal. Council Member Preston stated that she favored purchasing replacement parking meters. Council Member Andresen inquired about possible impacts on parking revenues in the event that the proposed changes were implemented. Mr. Godding said it would be necessary to examine changes in demand relative to the available supply of metered spaces.

Council Member Brown suggested changing section two of the proposed ordinance to refer to 8:00 a.m. to 6:00 p.m. Mr. Godding noted that it would be possible to achieve the Council's stated objectives by deleting Section 2 of the proposed ordinance. Mickey Ewell noted that a tremendous number of $25 parking tickets had been issued in lot #3. He inquired whether it would be possible to eliminate issuance of these tickets after 6:00 p.m. Council Member Werner said this would be addressed by adoption of the proposed ordinance.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 0.1, DELETING SECTION 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 21, ARTICLE IV OF THE TOWN CODE (91‑9‑23/O‑0.1)

WHEREAS, the Town operates both metered and off street parking; and

WHEREAS, the Town is authorized to establish local regulations for the use of these parking spaces.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Articles IV and Article V of Chapter 21 of the Town Code are amended as follows:

Section 1. That Section 21‑29, Parking Meter Zones, is amended by adding the following:

(m) Town Parking Lot #3 on West Franklin Street:

Two‑hour parking in metered spaces.

Section 3. That Section 21‑37.1, Use and operation of parking meters in off street parking lots, is deleted.

Section 4. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 23rd day of September, 1991.

Mayor Howes inquired whether adoption of the proposed resolution was necessary. Mr. Godding said the staff would continue to examine the parking meter situation on West Franklin Street. Council Member Preston noted that the Town staff would continue to monitor the need for additional metered parking in the area. Mr. Godding noted that if demand in lot #3 were truly significant, the feasibility of a manned hourly lot would be explored, since this was the best and most efficient way to monitor lot usage. Mayor Howes inquired about the economics of gating lot #3. Mr. Godding said it would not be possible to recover staff and related costs at the current rate of usage. Council Member Wilkerson said it might be economically feasible in the future to have a manned lot. Mayor Howes noted that meters when more economical when levels of demand were lower. Council Member Brown suggested that the staff pursue alternatives to provide parking options which would address the needs of merchants.

Mayor Howes inquired whether the staff would report back to the Council in November on West Franklin Street parking and meter usage in lot #3. Noting that other sections of the Town Code pertaining to parking needed revision, Mr. Godding said that the Council would report back in the near future.

Item 6 Cedar Falls Park Parking Improvements

Parks and Recreation Director Mike Loveman said that the Capital Improvements Program included $250,000 in improvements at Cedar Falls Park over the next three years. Mr. Loveman provided an overview of proposed drainage and parking improvements at the park. He stated that funding of $100,000 in the current fiscal year was allocated for a new parking area, improved drainage and relocation of the bus stop and recycling area. Mr. Loveman said that improvements in fiscal year 1992-1993 would include paving the bus turnaround and recycling area at a cost of about $125,000. He stated that a complete analysis of the suitability of a gravel and/or asphalt survey would occur in fiscal year 1993-1994. Mr. Loveman said that the first year improvements could be accomplished by Public Works staff, while private contractors would handle work in subsequent years. Mr. Loveman said the resolution before the Council would authorize the staff to proceed with the project and permit parking lots at Cedar Falls Park to be paved with gravel.

Council Member Andresen said she was pleased that the staff was looking at the possibility of gravel parking lots. She inquired whether expenditures for a bus turnaround was a worthwhile expense since so few riders rode to and from the park. Mr. Godding said he had no exact figures, but believed that usage by park riders was relatively light. He noted that there were relatively few places to turn around the bus in the Cedar Falls Park area. Council Member Andresen said she appreciated the need for a bus turnaround, but wondered about the compatibility of buses and children walking in the parking lot. Council Member Werner said that relatively few people were aware of bus service to and from Cedar Falls Park. He noted that development in the Cedar Falls area was occuring quite rapidly. Council Member Werner suggested that there might be alternate locations for a bus turnaround in the area. Mr. Godding said that Cedar Falls Park was the safest place in the area for bus turnarounds, avoiding the need for young people to cross Weaver Dairy Road. Council Member Werner said he was glad to see the concept of gravel as a parking lot material. He also said he suspected that residents would request that the Town pave the lot in the future. Council Member Rimer said that most municipalities around the state were not willing to examine alternate paving materials for parking lots. He stated that alternate paving materials had been used quite successfully in other states.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 4.

Council Member Brown noted that the use of gravel instead of paving was consistent with the suggestions of Andres (Duwaney?).

THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING IMPROVEMENTS TO THE PARKING FACILITIES AT CEDAR FALLS PARK AND THE PREPARATION OF A DEVELOPMENT ORDINANCE TEXT AMENDMENT REGARDING PARKING LOT SURFACES (91-9-23/R-4)

WHEREAS, the approved Capital Improvements Program has allocated $100,000 in FY 1991-92 and identified $75,000 in each of the two following fiscal years for parking facility improvements at Cedar Falls Park; and

WHEREAS, the Town Manager has recommended a design plan and a phasing plan for completing the improvement as follows:

1. complete drainage, grading, and gravel surface on an additional seventy-five car parking lot

2. complete minimal improvements to the entrance area of the existing lot for bus and recycling service

3. complete drainage, grading, and gravel surface for the remainder of the existing lot

4. complete the concrete paving of the bus and recycling service area

5. analyze the need for asphalt paving on some or all of the facilities. Make recommendations to the Council and, if necessary, complete the asphalt paving of the remainder of the existing parking lot and the additional lot.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to initiate improvements to the parking facilities at Cedar Falls Park using the adopted design plan and priority phasing schedule.

BE IT FURTHER RESOLVED that the Council hereby authorizes the preparation of a Development Ordinance text amendment that would allow parking lots at public parks to be surfaced with gravel.

This the 23rd day of September, 1991.

Item 7 Watershed Drinking Water Supply Regulations

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 5.

A RESOLUTION SUBMITTING COMMENTS TO THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION REGARDING STATE CLASSIFICATION AND PROTECTION OF WATER SUPPLY WATERSHEDS (91-9-23/R-5)

WHEREAS, protecting public water supplies through management of watershed development and conditions which could generate pollution, especially from non-point sources, is the safest, most prudent approach; and

WHEREAS, need for water quality protection is supported by a body of scientific research regarding toxic, carcinogenic and mutagenic pollutants; and

WHEREAS, water quality standards have been continually revised as a result of the information available from scientific research; and

WHEREAS, the proposed WS-IV protected area for the Jordan Reservoir watershed would include a substantial portion of the Town of Chapel Hill and the Town's planning jurisdiction;

WHEREAS, the Council strongly supports the objectives of the proposed and adopted regulations including the structure of four classifications for water supply watershed protection, because source protection is the safest way to protect water quality and thereby to address the associated public health concerns; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council commends the North Carolina Environmental Management Commission and the Division of Environmental Management for their careful work in considering and adopting water supply protection regulations including particularly the limits on impervious surface and density of residential development as minimum standards on a State-wide basis;

BE IT FURTHER RESOLVED that the Town Council of Chapel Hill hereby submits the following comments to the North Carolina Environmental Management Commission for consideration regarding the regulations adopted on December 13, 1990 and proposed amendments drafted for consideration in 1991:

* Jordan Reservoir classification: We support the proposed WS-IV classification for Jordan Lake watershed area because it meets the criteria in the Commission's adopted 1990 rules for classifying moderately to highly developed watersheds as WS-IV.

* Boundary delineations: The regulations should provide that the Commission or Division of Environmental Management will have a process for reviewing and approving the initial boundary determinations of local governments, and resolving any discrepancies. For the Jordan Reservoir, several jurisdictions will be involved in defining boundaries of protected watershed areas.

* Density standards: We believe the requirement that each new development meet one of density standards on a project by project basis is unduly restrictive. In a WS-IV protected area, localities should also be allowed to average development densities across an area through a mix of controls reasonably calculated to meet the overall standard.

* Stormwater controls: The regulations should clarify that in high intensity developments such as in a central business district, a locality could allow a new development to use stormwater detention structures other than ponds.

The regulations should authorize a locality to permit an off-site detention pond for non-residential development if the pond is within a specified limited distance from the development site and is the off-site is established through permanent deed covenants.

* Stream buffers: We suggest the regulations prohibit structures in the buffer, but allow other kinds of limited uses that would not pose a barrier to stream flow. Because small permanent and intermittent streams also carry stormwater with pollutants, the 100 ft. buffer requirement should apply more broadly.

* Hazardous materials: The regulations should clarify that for areas outside municipal limits, County agencies or Town and County agencies on a cooperative basis, should be authorized to meet the requirements related to hazardous materials.

* University Lake and Cane Creek Reservoir: We support the proposed WS-II classifications for University Lake and Cane Creek as the minimum classification appropriate for these high quality watersheds with very limited development.

We reaffirm the need for critical watershed designation of and special standards for University Lake, as documented by Camp Dresser & McKee, due to its vulnerability as a small, shallow reservoir. Critical watershed designation for the Cane Creek watershed may be appropriate in the future for Cane Creek following a study by OWASA. (Please refer to the Council's July 8, 1991 resolution for additional comments.)

* Definition and treatment of existing development: We recommend fully applying the standards to new development in already zoned areas. Especially in high quality watersheds such as WS-II, any existing undeveloped area zoned for non-residential or high-density residential development should be fully subject to the minimum State standards including restrictions on non-residential development.

If zoned areas are treated as a type of existing development, the present statutes on vested zoning rights should be reflected in the regulations.

In addition, if existing zoned areas are grandfathered, the State regulations should explicitly state the intent that existing zoning would only identify categories of permissible land use while standards for density of development would fully apply.

Development applications submitted after adoption of the Commission's reclassification of watersheds and adopted of revised development standards should comply with the standards as of the earliest possible effective date.

In particular, the density, imperviousness and stormwater control standards for high density development should become effective and applicable to development applications.

Deferring the effective date until 1993 or 1994 would create a significant opportunity for a rush of development applications to avoid the new standards.

* Definition of critical and protected areas: We support continuing the 1-mile minimum standard rather than one-half mile for critical watershed areas, and the 5 mile provision as a prima facie standard for WS-IV protected areas. Due to stormwater velocity and travel times in areas which have slopes over 1 to 2 per cent, stormwater flows in many watersheds will carry pollutants from distances which may exceed 1 to 5 miles. Please see the Orange Water and Sewer Authority's discussion of this matter in the study by Camp Dresser & McKee.

However, the regulations could permit reductions in protected areas on a case by case basis where flat topography slows down stormwater and permits settling out of some kinds of pollutants. Such an adjustment would be subject to the Commission's approval as part of a local watershed management plan submitted to the Commission, and should be part of a process including notice to all water supply user communities.

* Exemption requests: The regulations should state a requirement for notification of all interested and affected local governments and parties requesting notice of exemption requests for a particular watershed, and state the opportunity for comment in a public hearing.

* Public water and sewer service: The extension of public water and sewer services at least in WS-I and II watersheds should be prohibited or restricted. Sewer lines in particular create a capacity for intense development which is undesirable in high quality watersheds.

* Agricultural regulations: We believe the proposals before the Commission are a step in the right direction. We encourage further study by the DEM staff and discussion with agricultural interests to achieve practical, workable improvements in standards and in the impact of agricultural runoff on water supplies. The failure of animal waste lagoons is a particular concern.

A buffer requirement should apply to all agricultural operations in WS-II watersheds.

Stronger rules addressing the effect of nutrients in fertilizer on water supplies and to address pesticide and herbicide controls are needed for both agricultural and urban stormwater runoff.

* Highway projects: We support prohibiting new roads and expansion of existing roads and highways at least in WS-I and II watersheds, or requiring Environmental Management Commission consideration and approval for such roads where there is no practical alternative. The requirement to use best management practices is a step in the right direction. Stronger rules including fertilizer, pesticide and herbicide controls are needed.

This the 23rd day of September, 1991.

Item 8 Hillsborough/OWASA Water Line

Assistant to the Manager Greg Feller reviewed the proposal, noting that the Town of Hillsborough was offering to pay about $250,000 to acquire two and three-quarter miles of water line to address pressure needs of that town. Mr. Feller noted that the Town of Hillsborough had experienced fluctuations in pressure in its water lines for about four years. He noted that OWASA staff was concerned about the potential for technical problems relative to acquisition of the line. Mr. Feller also said that there were differences of opinion between OWASA staff and Hillsborough's engineering consultant concerning technical matters. He also stated that OWASA might have an emergency need for use of the line in the future. Mr. Feller said that OWASA also had an administrative concern about strategic issues. Mr. Feller stated that since OWASA's technical concerns had not been adequately resolved, the Manager was recommending support of OWASA's position that the line not be sold to the Town of Hillsborough.

Hillsborough Mayor Horace Johnson said there seemed to be a distortion of facts by the OWASA Board. Mayor Johnson said that additional water pressure was needed in Hillsborough area, particularly along South Churton Street. He noted that his administration had made its best efforts to vigorously address water pressure problems in the last twenty months. Mayor Johnson said that the Town of Hillsborough had received an additional eighteen square miles of territory as a result of a joint planning agreement with Orange County. He stated that the water line would serve as a pressure line which could transfer water to or from Hillsborough. Mayor Johnson stated that the Town of Hillsborough had provided necessary water supply assistance to the Towns of Carrboro and Chapel Hill when needed in the past. Mayor Johnson stated that the Town of Hillsborough had contracted with an engineer to build a reservoir.

Mayor Howes said he understood the need for additional water pressure, but did not understand why it was necessary for the Town of Hillsborough to own the line. Mayor Johnson stated that the proposal contained options for owning or leasing the line. Mayor Howes inquired whether an operating agreement was possible. Mayor Johnson said that the Town of Hillsborough might be able to sign such an agreement with Orange County and OWASA. Mayor Howes said he was pleased that Orange County and the Town of Hillsborough were coming to terms on joint planning matters. He added that there had been considerable discussion aboutr proposals for tapping off the water line from Lake Orange when the line was originally constructed. Mayor Howes suggested that the Town of Hillsborough attempt to work out technical problems within the context of an operating agreement with OWASA. Mayor Johnson thanked the Mayor and Council for the opportunity to address them in attempting to address and correct existing water pressure problems.

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

A RESOLUTION IN RESPONSE TO THE REQUEST OF THE ORANGE WATER AND SEWER AUTHORITY FOR COMMENTS ON A PROPOSAL BY THE TOWN OF HILLSBOROUGH TO BUY OR PURCHASE PART OF AN OWASA WATER TRANSMISSION LINE (91-9-23/R-6)

WHEREAS, the Orange Water and Sewer Authority owns a 16" water transmission line between the Calvander area and southern Hillsborough, and the Town of Hillsborough has requested to purchase or lease a 2.75 mile portion of this line north of Davis Road; and

WHEREAS, such line is has been used in recent years for transferring water from OWASA to the Town of Hillsborough to supplement the Town's water supplies in accord with a 1988 agreement, and the water line could be needed in the future for transfer of water from Hillsborough to OWASA in the event of a water supply emergency; and

WHEREAS, the OWASA Board and administration have raised substantial questions about the advisability of selling the line to Hillsborough, and several important issues have not been resolved;

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

1. The Council expresses its appreciation to the OWASA Board of Directors for requesting the Council's comments on the Town of Hillsborough's proposal.

2. Absent clearly convincing answers to OWASA's questions and concerns, it appears that retaining ownership and control of the water line would serve the best interests of the Authority and its customers. Therefore, the Council believes it would be reasonable for OWASA to refrain from selling or leasing the line at this time, and would support such a decision.

3. If the OWASA Board of Directors decides to enter into discussions or negotiations with the Town of Hillsborough regarding a proposal by the Town of Hillsborough, the Council requests to be informed of such decision, and the Council may make further comments.

This the 23rd day of September, 1991.

Item 9 Stormwater Management

Town Engineer George Small said that Town Engineering staff had polled other North Carolina communities concerning water quality regulations. He briefly reviewed the report before the Council, noting that stormwater management would be a major and expensive program to address. Mr. Small said the staff was recommending a committee approach to identifying stormwater management problems. He noted that federal regulations for stormwater management were becoming increasingly intense and very expensive. Mr. Small stressed the need for a broad-based and well thought out plan against this backdrop of wide-ranging regulations. Mr. Small stated that the Town was relative close to other similarly-sized communities in terms of its drainage programs.

Noting that budgetary impacts were noted in the resolution before the Council, Mayor Howes said that stormwater management could be discussed in budget deliberations for fiscal year 1992-1993. Citing the example of the City of Asheville's cost estimates for drainage, Council Member Rimer stated that stormwater management programs would have a significant economic impact. He urged the staff to look carefully at the need for a committee. Council Member Rimer said it might be possible to elicit adequate support without creating such a body. Mr. Small said he would contact individuals in the community to see who might volunteer to assist with stormwater management strategic planning.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 7.

Council Member Andresen said she had a problem with the concept of a committee. She noted that the Council would have ultimate responsibility for determining stormwater management program funding. Council Member Andresen suggested that the Council hold a work session on stormwater management following receipt of recommendations from Town staff. Council Member Werner stated that Mr. Small was attempting to get volunteer assistance from the community at large in this situation. Council Member Werner said he was uncertain whether there were adequate staff resources available to address the entire situation. Mayor Howes noted that the Council would be the ultimate decision-maker in designing the stormwater management program. Mr. Small suggested that a committee would provide a balancing of individual issues. Council Member Andresen said the major question was whether existing or new developments would pay for drainage improvements. Council Member Werner said she supported Council Member Werner's point about the need for community involvement in the process. Council Member Andresen inquired Council Member Werner was suggesting the establishment of a committee. Council Member Werner said yes. Council Member Andresen reiterated her opposition to a committee.

THE MOTION, RESOLUTION 7, WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION RECEIVING AN ENGINEERING DEPARTMENT STAFF REPORT ON STORMWATER MANAGEMENT AND ESTABLISHING A STORMWATER MANAGEMENT COMMITTEE TO MAKE RECOMMENDATIONS TO THE COUNCIL REGARDING FURTHER DEVELOPMENT OF THE STORMWATER MANAGEMENT PROGRAM (91-9-23/R-7)

WHEREAS, stormwater runoff affects every citizen of Chapel Hill to some degree and must be properly managed to protect the health, safety, and well-being of present and future citizens; and

WHEREAS, stormwater management is a community issue which requires community resources to provide adequate services; and

WHEREAS, recent and pending federal and state legislation will place increasing regulations on the quantity and quality of stormwater runoff in and around Chapel Hill; and

WHEREAS, the financial and operational impacts of new regulations on Town resources could be considerable;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives the attached staff report on stormwater management; and

BE IT FURTHER RESOLVED that the Council herewith calls for the establishment of a Stormwater Management Committee as discussed in the attached staff report, with the following charge:

1. To assess stormwater issues in our community, including the National Pollutant Discharge Elimination System requirements, the Resource Conservation District ordinance, drainage infrastructure maintenance/construction, stormwater retention and detention, land use and its affects on water quality and quantity, and alternatives for funding stormwater management.

2. To develop recommendations on stormwater management services the Town should provide, and how to pay for those services.

3. To transmit progress reports quarterly to the Town Council.

4. To transmit a final report to the Council 18 months after beginning work.

This the 23rd day of September, 1991.

Item 10 ArtsCenter Funding Request

Assistant to the Manager Greg Feller stated that the ArtsCenter

had submitted a funding request for $14,000 during the current fiscal year. He noted that $28,000 of hotel-motel tax funds were still available for allocation. Mr. Feller stated that if the Council decided to make the funds available, they were urged to consider alternatives, such as requesting proposals from other agencies. Mr. Feller said that resolution a would defer the request, while resolution b would approve the ArtsCenter's request.

ArtsCenter Board Chair Fred Good said that the ArtsCenter was back on its feet, but still needed fiscal support from the Town. He noted that the ArtsCenter had received a $25,000 grant from Glaxo and expecting additional foundation support in January, 1992. Mr. Good said that any monies received could be matched with a $25,000 challenge grant from Glaxo.

Council Member Andresen requested a clarification of the $28,000 in reserve, noting that the staff report appeared to indicate that these funds were reserved for the Orange County Visitors Bureau. Council Member Werner said this was a good question. Council Member Preston said she believed that the Orange County Visitors Bureau had made a request for funds. Mr. Feller said he had researched the minutes on the Council's previous discussion of the matter and had made efforts to capture the spirit of these discussions in the memorandum before the Council. Council Member Preston said she remembered discussion that the Town provide additional funding for the visitors bureau. Mayor Howes said that the use of the word "reserving" was perhaps too strong. Noting that the Town typically allocated between $50,000 and $60,000 for visitor information and cultural activities, Council Member Werner said dthat the Council had allocated $28,000 to date. He said that the Council's schedule should not be directed toward a body that had not met (the visitors bureau).

Council Member Herzenberg expressed concern that the Council had not dealt forthrightly with the needs of the ArtsCenter, due to staff miscommunications between the Town and the ArtsCenter. Council Member Wilkerson expressed concern that other agencies in the community may not have applied for funding due to miscommunications or other misunderstandings. Council Member Brown said she supported opening up the process for all agencies wishing to make proposals for remaining funds. Ms. Loewenthal said the staff could find out when the visitors bureau was scheduled to meet. Mayor Howes said this would be helpful as would additional information on the hotel-motel proposal and allocation process.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 8b.

Council Member Brown said she would like more discussion with other groups included in the allocation process. She stressed the need to open up the process to other interested agencies. Council Member Brown said she was unable to support resolution 8b as proposed. Council Member Wilkerson said he would vote against the motion, since the resolution would be unfair to the wider cultural and arts community. Council Member Wilkerson noted that he did not oppose the ArtsCenter in any way. Council Member Andresen inquired about the possibility of opening up the process for allocating the remaining $28,000. Council Member Wilkerson said this was a fairer way to proceed.

Mayor Howes inquired about the deadline dates on the Glaxo challenge grant. Mr. Good said the funds would be available through the end of the calendar year. He added that the Town of Carrboro had allocated but not approved a grant to the ArtsCenter. Council Member Brown inquired about Glaxo's timeframe for release of funds. Mr. Good said that money would be matched when funds were received from the municipalities. Mr. Good said that the ArtsCenter was currently three weeks behind in its payroll and was in a constant process of catching up. Council Member Brown said she did not want to vote against giving funds to the ArtsCenter, but she also favored making the funds available to a larger number of groups in the community.

Council Member Herzenberg said he would vote in favor of the motion and encouraged his fellow council members to do likewise. Council Member Herzenberg said he was not aware of any agencies who had not applied for funding due to concerns about depriving other agencies.

Council Member Andresen noted that the ArtsCenter had requested Town assistance in making rental payments during the last fiscal year. Council Member Wilkerson said that the Town had provided $15,000 in ArtsCenter rental payments during the last few fiscal years. Noting that the Council had already allocated $20,000 for the Junior Olympics and $8,000 for other agencies, Council Member Wilkerson said it was advisable to open up the process in fairness to other organizations.

COUNCIL MEMBER WILKERSON MOVED THAT THE COUNCIL ALLOCATE THE REMAINING $14,000 IN HOTEL-MOTEL TAXES TO THE ORANGE COUNTY VISITOR'S BUREAU.

Council Member Brown stressed the need to have a fair allocation process. Mayor Howes noted that the Council's attitude towards the ArtsCenter had changed markedly during the past year. He added that the question of funding for the visitors bureau was wide open. Mayor Howes said that some of the arguments to defer funding to the ArtsCenter were powerful.

Council Member Preston inquired when the staff could come back with a proposal process for allocation of remaining hotel-motel tax funds. Ms. Loewenthal responded that it would be necessary to readvertise for proposals. Council Member Preston added that it would be necessary to have time for staff review of proposals. Ms. Loewenthal said a proposal process could be brought before the Council in six to eight weeks.

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

A RESOLUTION APPROVING A REQUEST BY THE ARTSCENTER FOR TOWN FUNDING SUPPORT (91-9-23/R-8B)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council allocates $14,000 of occupancy taxes for ArtsCenter services in 1991-92, and authorizes the Manager to enter into an agreement with the ArtsCenter which shall include but not be limited to provisions for quarterly reports.

This the 23rd day of September, 1991.

Mayor Howes noted that the Manager would provide a follow-up memorandum on the Visitor's Bureau to the Council in the near future. Council Member Herzenberg inquired when the first meeting of the visitor's bureau would take place. Council Member Andresen said the meeting would possibly occur during November. Ms. Loewenthal said the staff would provide a report on the Orange County Vistor's Bureau at the October 14th meeting. Council Member Wilkerson noted that he had placed an alternate motion on the floor. Mayor Howes indicated that the Council had expressed a desire to discuss the matter further.

Item 11 Acquisition of Merritt Pasture

Ms. Loewenthal noted that the pasture was undeveloped and zoned

R-1. She added that the pasture could serve as a memorable entranceway from the south and east of the Town. Ms. Loewenthal noted that the cost of the pasture would be approximately $400,000, or about $13,333 per acre. She noted that the Town would endeavorto maintain the pasture as open space and a passive recreation area. Ms. Loewenthal also said that funds for the purchase were available from 1989 open space bonds.

Pearson Stewart, Chairperson of the 1986 Citizen's Bond Task Force on open space, said that acquisition of the land would be in keeping with purposes of the bond funds.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 9.

Council Member Andresen said she would vote against the resolution since there was no way to guarantee preservation of the pasture land as open space. She noted that the view was obscured at present. Council Member Andresen said she would rather use the money for other purposes.

THE MOTION WAS PLACED ON THE FLOOR AND ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER ANDRESEN VOTING NO.

A RESOLUTION AUTHORIZING THE ACQUISITION OF THE MERRITT PASTURE (91-9-23/R-9)

WHEREAS, the Town's Comprehensive Plan includes and Entranceway Plan and a Greenways Plan; and

WHEREAS, the Merritt Pasture, also identified at Tax Map 126, Block D, Lot 7, would be an important part of entranceways from both the south and the west, and includes frontage along the north side of Morgan Creek;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to acquire the Merritt Pasture, also identified as Tax Map 126, Block D, Lot 7, for the sum of $400,000.

BE IT FURTHER RESOLVED that this purchase shall be financed by proceeds of the 1989 Parks and Open Space General Obligation bonds.

This the 23rd day of September, 1991.

Item 12 Appointments

Results of voting for the Planning Board appointment were as follows. Marcella Groon was appointed on the second ballot. Original voting ballots are on file in the Clerk's Office.

First Ballot

Christin Pryor 4 votes (Brown, Herzenberg, Howes, Preston)

Marcella Groon 3 votes (Andresen, Rimer, Wilkerson)

Stephen Manton 1 vote (Werner)

Second Ballot

Marcella Groon 5 votes (Andresen, Howes, Preston,

Rimer, Wilkerson)

Christin Pryor 3 votes (Brown, Herzenberg, Werner)

Council Member Andresen inquired why a committee was being appointed for annexation matters. Ms. Loewenthal said that the committee would address annexations abutting the Towns of Carrboro and Chapel Hill.

Council Members Andresen, Herzenberg and Wilkerson volunteered to serve on the committee.

COUNICL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 10, APPOINTING COUNCIL MEMBERS ANDRESEN, HERZENBERG AND WILKERSON TO THE COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DESIGNATING REPRESENTATIVES OF THE CHAPEL HILL TOWN COUNCIL TO PREPARE AN ANNEXATION AGREEMENT WITH REPRESENTATIVES OF THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO (91-9-23/R-10)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill that the Council hereby designates Council Members Julie Andresen,

Joe Herzenberg and Roosevelt Wilkerson to represent the Council in preparing an annexation agreement with representatives of the Board of Aldermen of the Town of Carrboro.

This the 23rd day of September, 1991.

Item 13 Consent Agenda

Council Member Rimer requested that item h be removed for discussion.

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

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES (91-9-23/R-11)

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.Amendment to Minutes of August 26.

b.Rejection of bids for aerial fire truck (R-12).

c.Front loading refuse vehicle bids (R-13).

d.Computerized parking enforcement equipment bids (R-14).

e.Contract amendment for sewer repair work (R-15).

f.Project ordinance amendment for Rosemary Street parking facility (O-1).

g.Town depository selection (R-16).

i.Ridgefield lease renewal for Head Start program (R-17).

j.Report on Johnson Street street lighting.

k.Setting work session to discuss public safety system (R-18).

This the 23rd day of September, 1991.

A RESOLUTION REJECTING BIDS FOR THE PURCHASE OF AN AERIAL TRUCK (91-9-23/R-12)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on August 18, 1991, in accordance with G.S. 143-129 for an Aerial Fire Truck; and

WHEREAS, the following bids were received and opened on August 29:

Vendor Cost

Seagrave Fire Apparatus $552,577.00

Clintonville, WI

Simon LTI $570,952.00

Ephrata, PA

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council rejects the bids of August 29 submitted by Seagrave Fire Apparatus and Simon-LTI in order to rebid and readvertise for an Aerial Fire Truck in a manner that would enhance the competitive pricing and bidding process.

This the 23rd day of September, 1991.

A RESOLUTION ACCEPTING THE BID FOR THE PURCHASE OF ONE INTEGRATED FRONT LOADER (91-9-23/R-13)

WHEREAS, The Town of Chapel Hill has solicited bids by legal notice in The Chapel Hill Newspaper on August 11, 1991, in accordance with G.S. 143-129 for the purchase of one Integrated Front Loader; and

WHEREAS, the following bids have been received and opened on August 21, 1991:

Vendor Total Cost

Cavalier Equipment Company $114,565

Roanoke, VA (alternate) $113,174

Crane Carrier Company $124,611

Tulsa, OK

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the lowest responsive bid of Crane Carrier Company in the amount of $124,611 for one Integrated Front Loader.

This the 23rd day of September, 1991.

A RESOLUTION AUTHORIZING THE PURCHASE OF A COMPUTERIZED PARKING CITATION ISSUANCE AND MANAGEMENT SYSTEM (91-9-23/R-14)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on August 18, 1991 in accordance with G.S. 143-129 for the purchase of a computerized parking citation issuance and management system; and

WHEREAS, the following bids were received and opened on August 29 as follows:

Bidder Base Bid Deductions Total

Radix Corporation $19,324.00 $ 0.00 $19,324.00

Cardinal Tracking, Inc. $19,626.85 $ 0.00 $19,626.85

Duncan Industries $39,750.00 $ 9,905.00 $29,845.00

WHEREAS, the bid by Cardinal Tracking, Inc. is responsive to all the Town's specifications and within the budget for this purchase.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the bid of Cardinal Tracking, Inc. for a Computerized Parking Citation Issuance and Management System in the amount of $19,626.85.

This the 23rd day of September, 1991.

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT IN THE AMOUNT OF $37,628.00 TO BROWN BROTHERS PLUMBING AND HEATING COMPANY, INC. FOR SEWER REPAIR WORK AT 751 PRITCHARD AVENUE EXTENSION (91-9-23/R-15)

WHEREAS, the Town of Chapel Hill entered in a contract with Brown Brothers Plumbing and Heating Company, Inc. on May 13, 1991 to perform needed plumbing/sewer repair work; and

WHEREAS, the work requires additional services to be performed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is authorized to issue an amendment to Brown Brothers Plumbing and Heating Company, Inc. in the amount of $37,628.00 for plumbing/sewer repair work at the 751 Pritchard Avenue Extension public housing neighborhood.

This the 23rd day of September, 1991.

AN ORDINANCE AMENDING THE ROSEMARY STREET PARKING FACILITY PROJECT ORDINANCE (91-9-23/O-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby amends the Rosemary Street Parking Facility project ordinance as follows:

SECTION I

The project authorized is the construction of 315 parking spaces and a public plaza on Town-owned land known as Parking Lot Number One and the adjacent parking area and lawn at the rear of the Old Post Office, in the one hundred block of East Franklin Street.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of Resolutions 89-7-10/R-7, Resolution 89-11-30/R-5, and the adopted 1991 Parking Revenue bond order for the project, authorizing the Manager to take various actions in connection with the project, consistent with the budget contained herein.

SECTION III

Revenue anticipated to be available to complete the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

Bond Proceeds 4,460,000 1,865,000 6,325,000

Transfer from Parking

Facilities Fund 595,000 595,000

Interest Earnings 195,000 95,000 290,000

Sales Tax Refund 100,000 100,000

Total 5,250,000 7,310,000

SECTION IV

Amounts appropriated for the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

Architect/Engineer

Fees 275,000 275,000

Surveys and Tech-

nical Services 65,000 40,000 105,000

Construction 2,800,000 1,542,143 4,342,143

Site Work 356,000 148,125 207,875

Bond Issuance

Expenses 604,000 359,440 244,560

Capitalized Interest 535,000 197,970 732,970

Reserve for Debt

Service 633,600 633,600

Rock Removal 100,000 100,000

Contingency 20,000 153,852 173,852

Public Plaza 495,000 495,000

Total 5,250,000 7,310,000

SECTION V

Copies of the amended project ordinance shall be entered into the minutes of the Council and filed with the Manager, Finance Director, and Clerk.

This the 23rd day of September, 1991.

RESOLUTION 16 NEEDS 2 PAGES - CUT AND PASTE

A RESOLUTION RENEWING THE LEASE OF THE RIDGEFIELD COMMUNITY CENTER TO THE CHAPEL-HILL CARRBORO HEAD START PROGRAM (91-9-23/R-17)

WHEREAS, the Council of the Town of Chapel Hill on September 14, 1987, pursuant to G.S. 160A-272, authorized the Town Manager to lease the Ridgefield Community Center to Chapel Hill-Carrboro Head Start; and

WHEREAS, the term of said lease was for one year, renewable for one subsequent one-year term upon approval of the Council; and

WHEREAS, Chapel Hill-Carrboro Head Start entered into a lease with the Town for use of the Ridgefield Community Center on October 1, 1989; and

WHEREAS, the Town of Chapel Hill renewed said lease for one subsequent one-year term on October 1, 1990; and

WHEREAS, Chapel Hill-Carrboro Head Start, in accord with said lease, has notified the Town Manager in writing of its desire to renew the lease for an additional one-year period commencing on October 1, 1991;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the Town Manager, pursuant to Council's Resolution of September 14, 1987 and the lease dated October 1, 1989, to enter into, on behalf of the Town, a renewal agreement for the lease of the Ridgefield Community Center located in the Ridgefield Public Housing Neighborhood on Estes Drive east of the Bypass, for use as a classroom, for a term of one year commencing on October 1, 1991.

This is the 23rd day of September, 1991.

A RESOLUTION SCHEDULING A WORK SESSION ON PUBLIC SAFETY (91-9-23/R-18)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby schedules a work session on public safety for 5:30 pm Tuesday, October 1, 1991, in the Council Chambers.

This the 23rd day of September, 1991.

Council Member Rimer requested a clarification of whether bus capacities cited by the staff referred to seated or seated and standing passengers. Mr. Godding said that the capacity was based on seated passengers.

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

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES (91-9-23/O-2)

BE IT ORDAINED by the Town Council of Chapel Hill:

Section 1. That the Council hereby amends Subsection 21-6 (a) of the Town Code to read as follows:

(a) Restrictions on through truck traffic. It shall be unlawful to drive a truck of a rated capacity of one ton or more in either direction on the following streets, except for trucks or buses making deliveries or pick-ups or providing service to houses in the area; it being the intent of this subsection to close said public streets to through truck traffic:

Street From To

Audubon Road Clayton Road Elliott Road

Briarbridge Lane Pittsboro Road Briarbridge Valley

Clayton Road Curtis Road Audubon Road

Cooper Street Old Durham Road Garden Street

Country Club Road Ridge Road Laurel Hill Road

E. Rosemary Street Hillsborough Street Boundary Street

Laurel Hill Road Country Club Road Fordham Boulevard

Legion Road Ext. Scarlette Drive Cooper Street

McCauley Street Pittsboro Street Ransom Street

N. Boundary Street Rosemary Street Franklin Street

Scarlette Drive Legion Road Garden Street

Glenhill Lane west of its inter-

secton with Glendale

Drive

Caswell Road north of Estes Drive

Curtis Road north of Clayton Road

N. Elliott Road Curtis Road E. Franklin Street

Section 2. Subsection 21-6(d) is hereby repealed.

Section 3. That the Council hereby amends Subsection 21-6.1 to read as follows:

It shall be unlawful to operate on Mallette Street a bus with a rated capacity of 30 persons or more, except for buses stopping for receiving or discharging passengers at locations on Mallette street; or a truck with a rated capacity of one ton or more, except for trucks making deliveries and/or pick-ups to locations on Mallette street.

Section 4. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 23rd day of September, 1991

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION.

The regular meeting concluded at 11:03 p.m.

No report followed the executive session.