MINUTES OF A MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL

HILL, NORTH CAROLINA, MONDAY, NOVEMBER 25, 1991 AT 7:30 P.M.

Mayor Howes called the meeting to order.

Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Arthur Werner and Roosevelt Wilkerson, Jr. Council Members Alan Rimer and James C. Wallace were absent excused. Also in attendance were Mayor-Elect Kenneth S. Broun, Council Member-Elect Joe Capowski, Council Member-Elect Mark Chilton, Assistant to the Mayor Lisa Price, Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Housing and Community Development Director Tina Vaughn, Fire Chief Dan Jones, Public Works Director Bruce Heflin, Transportation Director Bob Godding, Assistant to the Attorney Richard Sharpless and Town Attorney Ralph Karpinos.

Mayor Howes noted that the 1991-1993 Council would be sworn in and seated on December 2nd in the Council Chamber at 7:30 p.m. He encouraged interested citizens to attend the ceremony.

Council Member Werner introduced members of Boy Scout Troop Pack Number 835, Den 4. He noted that members of the troop were currently working on obtaining their citizenship badges.

Mayor Howes introduced Charles Milch, Executive Director of the Orange County Home Health Care Agency. Mayor Howes noted that the week of December 1st was National Home Care Week, as declared by Governor Martin. Mayor Howes presented Mr. Milch with a proclamation recognizing the week of December 1st through 7th as National Home Care Week. He noted that in an age of skyrocketing health care costs, the provision of home care was an effective and humane manner for reducing expenditures. Mr. Milch noted that his agency had provided care in the community since 1970. He said that over two thousand community residents currently received home care services. Mayor Howes noted that the agency's offices were located on Ephesus Church Road.

Item 3 Petitions

Lawrence Krubner, representing the Community Support Coalition, requested that the Council adopt a resolution of support to improve the conditions of University housekeeping personnel.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECEIVE MR. KRUBNER'S PETITION.

Mayor Howes noted that the Council had chosen to receive the petition, so that it could further examine the request.

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

Nancy Gabriel, representing the Appearance Commission, noted that the Orange United Methodist Church had recently requested a permit for an aluminum sign on a brick base with changeable letters. She noted that the Town's Development Ordinance did not currently have a provision to cover this situation. Ms. Gabriel said she believed this was a manifest error, requiring a remedy in the near future.

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

Council Member Werner requested that the Manager provide a follow-up report on a letter from the Willow Terrace Homeowners Association, concerning the provision of buffering along the U.S. 15-501 Bypass.

Mayor Howes noted that a small delegation of Tunisian visitors were in attendance at this evening's meeting.

Item 4 University Place Request for Special Use Permit

Mr. Horton requested that agenda materials pertaining to the request be entered into the record of the hearing. Mayor Howes concurred with the request.

Mr. Waldon briefly reviewed the request, noting that the proposal had called for ninety-eight dwelling units in seven buildings. He requested that a reference to the site plan in Resolution A be amended to the November 8, 1991. Mr. Waldon said that a number of concerns had been raised and addressed in the memorandum before the Council. He stated that the applicant was proposing to eliminate two of the seven buildings on the site. Mr. Waldon also noted that some supplementary materials, including letters from the Orange Water and Sewer Authority and Division of Environmental Management, had been placed at the Council table this evening. He stated that the Orange Water and Sewer Authority reported that wastewater flows from the proposed University Place project could be discharged into the Bolin Creek interceptor.

Council Member Andresen inquired about the average grade or steepness of the land on which parking lots and buildings were proposed. Council Member Preston inquired about the average vacancy rate of apartments in the area. Mr. Waldon said there was no readily available source of information concerning vacancy rates. Council Member Werner inquired whether Exhibit A, concerning drainage information, had been provided to the Council. Mr. Waldon said the document was extremely copious, consisting primarily of computer runs of data. He added that a copy of the exhibit could be made available to the Council.

Mr. Bradley, the applicant, said he had attempted to address all concerns of adjoining property owners in a positive manner. Mr. Bradley said he had responded to concerns about parking and buildings on steep slopes, traffic, density, noise, stormwater management and sewer lines. Mr. Bradley said that buildings 3W and 4W had been eliminated from the proposal. He added that the number of parking spaces per unit had also been increased. Mr. Bradley said that the number of occupants and amount of traffic to be generated were being decreased significantly. Mr. Bradley said that Ken Bagwell was in attendance to explain how a homeowners association would work. Mr. Bradley stated that on-site management had never been previously incorporated at one of his projects but would be in this project. He noted that an on-site manager would be provided five days per week. Mr. Bradley stated that night-time security guards would be provided, if needed. He added that use of the property manager would be encouraged to remedy problems with violations of the rules. Mr. Bradley also said that trash pick-up on the property would be provided seven days per week.

Ken Bagwell briefly outlined how the proposed unit owners association would be implemented and operate. He noted that the association would be responsible for managing the units. Mr. Bagwell stated that the association would have the ability to sue in its own name. He added that fines for rules violations would be imposed as assessments on the units of offenders.

Catherine Block said that many persons were finding it difficult to find good, clean housing in the area. Ms. Block said that there was currently a shortage of good student housing properties. Ms. Block noted that she had managed a twenty-four unit condominium project since 1982. She noted that problems at the project had been minimal. Ms. Block stated that student's parents were required to provide letters guaranteeing payment of rent on time. Ms. Block said that periodic maintenance checks of individual units had served her company well in the past. Council Member Herzenberg inquired which property Ms. Block managed. Ms. Block stated that she managed Graham Court. Ms. Block added that she had managed Ashley Forest at one time. Ms. Block said she had improved the situation significantly during her tenure at Ashley Forest.

Mr. Bradley said that he would be able to offer rooms to individuals at a monthly cost of $225, compared to $400 per month for similar projects in the area.

Mr. Hakan showed a chart comparing the original and revised development proposals. Mr. Hakan stated that the impervious surface had been reduced from 35% to 28%. He also showed an exhibit of the site as originally proposed and as revised. Mr. Hakan said the revised proposal called for seventy units in five buildings, with no need for a cut-through down the steep slope to Bolin Creek for a sewer line.

Michael Hammersley showed the existing ridge line on the site. Mr. Hammersley said erosion control would be provided on site. He stated that two drainage ditches formed a sediment basin, with clean water being released downstream. Mr. Hammersley briefly reviewed proposed drainage plans for the site. Council Member Andresen asked whether silt fencing on the site was for temporary use during construction. Mr. Hammersley said this was correct. He noted that the site would be stabilized following construction. Council Member Andresen inquired about the slope of vegetated areas. Mr. Hammersley this range from 2:1 to 3:1. Council Member Andresen asked whether sedimentation basins would be inspected. Mr. Hammersley said yes. Council Member Andresen asked who would be responsible for maintaining the sedimentation pond and detention basin after construction. Mr. Hammersley said the homeowners association would have these responsibilities. Council Member Werner inquired what was located between the property and Bolin Creek. Mr. Hakan said that slope and kudzu were located between the property and Bolin Creek. Council Member Preston asked whether drainage pipes would be located underground. Mr. Hammersley said yes, noting that the plans for the pipe had been reviewed by the Town Engineer.

Mr. Hakan said that the essence of letters concerning sanitary sewer service was that the Orange Water and Sewer Authority's on-going maintenance program was adequate to address occasional problems with clogged sewer lines. Mr. Hakan said that the Orange Water and Sewer Authority had indicated that the applicant's request to add additional flow to the Bolin Creek interceptor was a reasonable one.

Dan Jewell, landscape architect, said efforts were being made to save buffer and trees on the site. Mr. Jewell said the applicant would work with the Town to install all required tree protection measures. He added that the developer had agreed to have a consulting arborist on the site during construction.

Mr. Hakan said the applicant had responded to all questions by the Council and citizens. Mr. Hakan stated that the Design Review Board had unanimously recommended approval of the project. He added that the applicant had done everything possible to make the proposal a good one.

Estelle Mabry expressed concern that the proposed project would affect the Northside neighborhood negatively.

Allan Snavely said he did not believe all citizen concerns had been adequately addressed. He expressed concern that twelve to fifteen hundred vehicle trips per day might be generated by the project. Mr. Snavely also said that not all specimen trees were outlined in the tree survey.

Lightning Brown said that no changes made in the special use permit development plan would change the sewer overflows on the site or downstream. Mr. Brown said he had been assured by Division of Environmental Management staff that members of the public would be welcome to accompany them in their investigation of the Bolin Creek situation. Mr. Brown said no notice of the DEM investigation had been provided to citizens. He said that a document from the Orange Water and Sewer Authority concerning the capacity of the Bolin Creek interceptor was demeaning to the review process. Mr. Brown urged the Council to take steps to address the Bolin Creek situation.

Mark Chilton, speaking as a University of North Carolina student, said there was not a shortage of student housing in the community. Mr. Chilton said that residence halls at the university were not fully occupied.

Marie Oyaski said that trip generation should be calculated on the basis of trips per person, rather than per vehicle. She also expressed concern that the proposed project would increase the number of bicyclists and pedestrians in the area. Ms. Oyaski expressed concern that the planning staff report did not address public safety concerns of bicyclists and pedestrians.

Paul Tripodi said that $5.5 million project would have a significant positive economic impact. He said that the incidental economic impact based on a two percent formula would result in approximately $110,000 being injected into the local economy during construction. Mr. Tripodi urged the Council and business community to support the project.

Citing an internal staff memorandum concerning University Place, Sue Goodman expressed concern that there was no landscaping plan for the project. Ms. Goodman requested that submittal of such a plan be required prior to approval. Mr. Horton said that copies of the memorandum would be provided to the Council immediately.

Tom Gunn said that there would still be significant tree loss on the site, even following the deletion of two buildings from the proposed plan. He stated that considerable clearing and grading would be needed on the site. Mr. Gunn said that the developer's plans also showed significant contour disturbances. Mr. Gunn said he hoped that the Council would request clarification of the developer's plan for clearing and landscaping.

Tim Toomey said he felt more concerned about the proposal than he had at the previous public hearing. Mr. Toomey said he was particularly concerned about the installation of artificial measures for drainage on the site. Mr. Toomey said he was uncertain whether the homeowners association could be trusted to be responsible for maintenance of the project.

Janet Tice noted that the applicant had agreed to remove buildings from the steepest and most controversial slope on the site. She expressed concern that no tree protection plan had been developed for the project. Ms. Tice said that the applicant had not adequately addressed the concerns of neighborhood residents.

Grainger Barrett expressed concern about plans for underground drainage on the site. He also noted that silt fencing did not have a good track record for handling runoff from construction sites. Mr. Barrett said he objected to the introduction of a letter from the Division of Environmental Management into the record of the hearing. Mr. Barrett urged the Council to be cautious in its consideration of the proposal. He also expressed concern that some parking lots on the site would be on slopes of up to thirty percent. Mr. Barrett noted that the Town's Comprehensive Plan has stringent principles regarding development on slopes of over thirty percent. Mr. Barrett said the Council had adequate basis for denial of the request.

Mr. Hakan said that storm drainage pipe did not go under areas that were not already disturbed. He said that the average slope on the developed portion of the site was between eight and eleven percent. Mr. Hakan said this was comparable to many area subdivisions. Mr. Hakan said the applicant had met the spirit of the development ordinance in developing his storm drainage plan.

Council Member Brown requested that the Comprehensive Housing Affordability Strategy be entered into the record of the hearing. Mayor Howes said this could be accomplished by reference.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADJOURN THE HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Noting that the floor was open for discussion, Mayor Howes briefly reviewed the proposed resolutions before the Council. Council Member Preston inquired whether the Town would receive anything else from the Division of Environmental Management. Mr. Horton said the response letter was all the Town was likely to receive. Council Member Preston inquired about the staff memorandum referenced earlier by Ms. Goodman. Mr. Horton said this was not completed staff work; rather it was one of many staff comments that were analyzed before developing the Manager's recommendation. Council Member Preston said the matter of a tree plan needed to be addressed. Mayor Howes said the memorandum was clearly an internal staff document. Mayor Howes noted that the role of Planning staff was to assimilate comments from Town staff. Mr. Waldon noted that departmental comments at different levels of review often conflicted.

Council Member Andresen said she did not agree with the staff's evaluation of the project. Council Member Andresen expressed concern that public safety issues had not been adequately addressed. She noted that the Council's role involved more than approving additional tax base for the Town. Council Member Andresen said necessary findings had not been made, rather: the project would not enhance property values; the project was not consistent with the Comprehensive Plan; the project did not protect the public health and welfare. Council Member Andresen also stated that existing roads in the area were not up to Town standards. She also stressed the need to protect the Northside conservation area. Council Member Andresen said she believed that Mr. Bradley wanted to be a good neighbor. Council Member Andresen said she was not reassured by the response from Division of Environmental Management officials. She stated that adding burdens to existing infrastructure facilities was not a good idea. Council Member Andresen said the concept of asking the unit owners association to have responsibility for stormwater management was flawed.

Council Member Brown expressed her concurrence with Council Member Andresen's remarks. She stressed the need to support the Comprehensive Plan's objective of continuing to provide affordable housing for all. Council Member Brown said there were a number of flaws in the development proposal.

Council Member Wilkerson inquired about the procedure for the submittal of tree plans with development proposals. Mr. Waldon said that standard procedure was for detailed tree protection plans, stormwater management plans and construction drawings to be submitted following project approval. Mr. Waldon added that zoning compliance permits were only issued after development plans had been reviewed and approved.

Council Member Wilkerson said he was concerned about the apparent inadequacy of the Bolin Creek interceptor. He expressed concern about the Division of Environmental Management's response to this health and safety matter. Council Member Wilkerson also said he was concerned about possible impacts on the Northside neighborhood. Council Member Wilkerson said he was particularly concerned about the inadequacy of Clark Road. Council Member Wilkerson said he would be unable to support the proposed project this evening. He noted that additional steps could possibly be taken to change the project further.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO MOVE RESOLUTION C, DENYING THE REQUEST FOR SPECIAL USE PERMIT, DUE TO NEGATIVE TRAFFIC IMPACTS ON THE NORTHSIDE NEIGHBORHOOD, THE SUBSTANDARD CONDITION OF THE MAIN SEWER LINE SERVING THE SITE, AND OTHER REASONS STATED BY MEMBERS OF THE COUNCIL.

Council Member Andresen noted that the Council could ask the Manager to return with a resolution outlining the specific reasons for denial. Council Member Herzenberg said he was open to receiving friendly amendments to his resolution. Mr. Karpinos said an item number six could be added to page two of the resolution of denial, noting that the denial was based on reasons stated Council Member Herzenberg, Andresen, Brown and Wilkerson, and reflected in the record of the proceedings. Council Member Herzenberg said he was willing to incorporate this language.

Mayor Howes said the Council was stuck between its own objectives concerning zoning and the Comprehensive Plan. Mayor Howes said the Council had a desire to recognize the Northside neighborhood as an area with sensitive concerns. Noting that the applicant had made substantial revisions to his original proposal, Mayor Howes said he thought the resolution to deny would be approved by the Council. He noted that the Council needed to assure proper zoning for the area in the future in accordance with the comprehensive plan.

RESOLUTION 1C, THE MOTION TO DENY, WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION DENYING A SPECIAL USE PERMIT APPLICATION FOR UNIVERSITY PLACE (SUP- 83-A-1A) (91-11-25/R-1c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to find that the University Place multi-family development proposed on property identified as Chapel Hill Township Tax Map 83, Block A, Lot 1A, if developed according to the site plan dated August 30, 1991, and the conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promoted 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.

The reasons for the Council's failure to make these findings are as follows:

1. The proposal does not conform to the Town's Comprehensive Plan. Reasons include:

(i) Projected traffic impacts will negatively impact the nearby Northside Neighborhood Conservation Area, which is designated on Chapel Hill's Land Use Plan as a threatened neighborhood with unique characteristics that requires special protection. In creating conditions that would mean more traffic congestion in the Northside neighborhood, this proposal does not conform to the Town's Comprehensive Plan.

(ii) Extensive clearing, land disturbance, and re-grading will occur on the interior of the site, in a manner that is not consistent with Chapel Hill's Design Guidelines, a component of the Town's Comprehensive Plan. Specific provisions that are not complied with by this proposal include:

- (p. 4): Preserve natural land contours and natural drainageways

- (p. 4): Where possible, incorporate significant tree masses and/or specimen trees as an integral design factor.

- (p. 4): Adapt land use to the features of the terrain instead of altering the terrain to suit the use.

- (p. 5): Isolated pockets of existing trees should be protected, and used to enhance the site's visual impact.

- (p. 6): In areas with slopes of 10 to 15%, site preparation techniques should be utilized which minimize grading and site disturbance.

- (p. 6): In areas with slopes of 15 to 25%, building and site preparation can occur, but restrictions are severe. These areas require customized architectural solutions and specialized site design techniques and approaches.

- (p. 6): Buildings should be designed to harmonize with existing topography, thereby minimizing land disruption. Grading should be held to a minimum and should complement natural land forms. Developments should fit the capacity of existing topography, natural drainageways, soils, geology and other natural site conditions.

2. The public health, safety, and general welfare will not be maintained in that this proposal would involve siting a major development with heavy traffic use on Clark Road, a substandard, narrow, curving street with poor sight distances.

3. Evidence presented at the Public Hearing on this proposal indicates that the main sewer line serving this site, the Bolin Creek Interceptor, is in substandard condition, and that the addition of more sewage into the line would not maintain the public health, safety, and general welfare.

4. The proposal does not meet the recreation space requirements of Section 13.7.8, 13.7.9, and 13.11.1 of Chapel Hill's Development Ordinance, in that the Council does not in this case authorize the substitution of land dedication along a greenway for required improved recreation space.

5. The public health, safety, and general welfare would not be maintained in that the trash compactor area and project entrance on the proposed site plan are not designed so as to eliminate unsafe internal traffic movements at the project's entrance.

6. Other reasons stated by Council Member Andresen, Council Member Brown, Council Member Wilkerson, and Council Member Herzenberg during the Council's discussion of this matter immediately preceding this vote and as will be reflected in the record of this proceeding.

BE IT FURTHER RESOLVED that the Council hereby denies the application for the University Place multi-family development Special Use Permit.

This the 25th day of November, 1991.

Council Member Wilkerson said it appeared appropriate for the Council to make a recommendation on the possibility of calling a hearing to rezone the property. Mr. Horton said the staff could return with such an item for Council consideration at the Council's next regular meeting on January 14, 1992. Council Member Andresen also suggested that development standards pertaining to steep slopes could also be considered as a topic of a future public hearing. Mr. Horton said scheduling of this hearing could also occur at the Council's January 14th meeting.

Item 5 Solid Waste Matters

Public Works Director Bruce Heflin reviewed the activities of the Regional Solid Waste Task Force. He noted that the amount of solid waste being produced in Durham and Orange Counties was far less than originally anticipated. Mr. Heflin said that the Task Force had recently met and concluded that the separate work by the two counties was sufficient to meet immediate solid waste planning needs of the community. He added that the Task Force had agreed not to proceed with a comprehensive study of technologies to reduce solid waste volume. Mr. Heflin said the resolution before the Council recommended dissolution of the Task Force. Mr. Heflin noted that the work of the Task Force could not have been accomplished without the assistance and leadership of Council Member Preston.

Mayor Howes noted that Council Member Preston had been the Council's watchdog on these matters for a long time. He also stated that Council Member Wallace had been instrumental in bringing together Durham and Orange County officials to discuss solid waste matters. Council Member Preston thanked Mr. Heflin for his staff support of the Task Force.

Council Member Preston thanked Public Works Director Heflin for his excellent staff work in supporting the Regional Solid Waste Task Force. She noted that the Task Force was proud of its accomplishments. Council Member Preston added that the Task Force had concluded that it could not continue to work as a regional unit, having reached the end of its useful life. Council Member Preston said she was proud that the group had raised the community's consciousness concerning solid waste matters. Council Member Brown suggested adding the phrase "following a public forum" in condition number four of resolution two.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 2, AS REVISED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION CONCURRING WITH DISSOLVING THE DURHAM-ORANGE REGIONAL SOLID WASTE TASK FORCE AND ACKNOWLEDGING THE SERVICE OF ITS MEMBERS (91-11-25/R-2)

WHEREAS, the Durham-Orange Regional Solid Waste Task Force has worked diligently for over five years to find regional solutions to our solid waste problems; and

WHEREAS, Durham and Orange Counties have taken individual directions in their solid waste management efforts in the recent past; and

WHEREAS, circumstances surrounding the management of solid waste have changed substantially in the past two years; and

WHEREAS, there are other regional entities now actively pursuing solutions to solid waste management problems which may be more appropriate for the two counties to support;

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

1. That the Town Council concurs with the dissolution of the Durham-Orange Regional Solid Waste Task Force; and

2. The Town Council recognizes and thanks for their long and diligent service, all the members of the Task Force; and

3. The Town Council invites the members of the Task Force from Chapel Hill to participate actively in ongoing efforts by the Triangle J Council of Governments to find regional solutions to solid waste issues facing our community; and

4. The Landfill Owners' Group is asked to develop a report to its respective governing bodies, following a public forum, which addresses future directions for long-range solid waste management planning.

BE IT FURTHER RESOLVED by the Council that the Landfill Owners' Group is requested to make recommendations to the three governing bodies about how to proceed with solid waste management planning within Orange County.

This is the 25th day of November, 1991.

Public Works Director Bruce Heflin said that the staff had completed a preliminary review of the report of the Waste Reduction Task Force. Mr. Heflin said that additional time was being requested to develop additional recommendations, such as public education programs, to reduce solid waste.

Council Member Brown noted that she had drafted a substitute resolution in consultation with Council Member Rimer.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 3, AS REVISED.

Council Member Andresen said she did not see a great deal of difference between the two resolutions. She emphasized the need for the Task Force to devote its energies to bringing proposals to the Council. Council Member Andresen emphasized that the group should not be able to make or pronounce policies which had not been reviewed by the Council. Council Member Brown noted that the Task Force did not have any funding. She said that the Task Force members possessed expertise and knowledge about specific areas of waste reduction. Council Member Brown said the Task Force would provide a comprehensive strategy for waste reduction.

Council Member Werner said the proposed revision addressed a universe of waste reduction approaches. He expressed concern about the broadness of the proposed charge. Council Member Werner stated that the focus of the Task Force should be to identify means of reducing solid waste. Council Member Brown said she was willing to change the language in her proposed resolution. Council Member Werner suggested deleting the first whereas in the revised resolution and specific language concerning composting.

THE MOVER AND SECONDER AGREED TO THE FRIENDLY AMENDMENT.

Mr. Horton said a limited charge would help the Task Force to focus its energies. Mr. Horton said he was concerned that the Task Force be able to move at a deliberate pace. Mayor Howes urged previous Task Force members to apply for membership on the new Task Force. He noted that the Council would receive a report from the Task Force within six months.

Council Member Andresen inquired how the charge of the Task Force could be made more specific. Mr. Horton said the charge could be limited to public information only. Noting that there was a tremendously long list of other possibilities, he said this was a relatively small area of focus. Council Member Brown said her proposed resolution had a number of built-in safeguards. Council Member Andresen said she had a number of reservations as a former member of the Task Force. Council Member Andresen said that the Task Force should not have license to set policy. Council Member Brown stated that the Council made policy decisions.

Council Member Werner inquired what the new Task Force would do differently from the original Task Force. Council Member Brown said the Task Force would develop a program centered around source reduction techniques on a limited scale. Mayor Howes suggested that the Council defer action on the matter and discuss the matter further at its planning retreat in January. Council Member Brown emphasized the need to begin forming the Task Force structure. Mayor Howes noted the need to compose and advertise a proper charge for the Task Force. Council Member Brown said if the Council were more comfortable with a public education program only, she would revise her proposed resolution accordingly.

Council Member Werner emphasized the need for the Council to agree on what the public would be asked to do. Expressing concern about the delay of creating the Task Force, Council Member Brown suggested that steps be taken to establish the Solid Waste Reduction Task Force. Council Member Andresen emphasized the need to establish the Task Force's mission. Council Member Werner said the Council did not appear to have a clear focus of the Task Force's proposed charge. Council Member Brown said the group would work on waste reduction programs such as neighborhood composting and education. Mr. Horton said that the time frame and programs of the Task Force could be discussed within the context of the budget process.

Council Member Werner emphasized the need for the Council to discuss the waste reduction report. Council Member Werner said he favored the Council holding a work session on solid waste reduction. Council Member Brown said she was concerned about waiting to discuss the Task Force's mission and formation. Council Member Werner emphasized the importance of the Task Force having adequate upfront direction from the Council. Council Member Brown urged the Council to move ahead as quickly as possible to form the Task Force.

Mayor Howes said the Council could discuss the Task Force's formation and mission at its January planning retreat.

THE MOTIONER AND SECONDER AGREED TO WITHDRAW THEIR MOTION.

Council Member Preston said that source reduction was the most important part of waste reduction. She noted that additional discussion was needed to develop the Council's charge to the Task Force. Council Member Brown said she was disappointed that the Council was not acting on the resolution this evening. Council Member Brown said she understood the concerns of the Council. Council Member Andresen suggested that the Council continue its discussions at a future work session.

THE COUNCIL AGREED THAT THE 1991-1993 COUNCIL WOULD HOLD A WORK SESSION IN JANUARY.

Public Works Director Bruce Heflin said the landfill site selection process had formally been initiated in April, 1990. Mr. Heflin said eight sites had been studied in detail. He indicated that the number of possible sites had been reduced to four: sites #2, #9, #11 and #17. Mr. Heflin said the process to date had been widely publicized, with a number of public information meetings having occurred. Mr. Heflin said the number of sites would be reduced to three or a lesser number in the future. He added that a final recommendation would be made to the landfill owners group, which would make a recommendation to the respective local governing bodies.

Item 6 Housing Matters

Mr. Horton said the Town had been working with the Towns of Carrboro and Hillsborough and the Orange Community Housing Corporation to develop a Comprehensive Housing Affordability Strategy. He noted that hearings on the proposed strategy had been held in each of the communities. Mr. Horton said the adoption of resolution 4 was recommended.

Council Member Werner asked whether the Council was defining affordable housing by adopting the proposed resolution. Mr. Horton said an effect of resolution adoption would be to define affordable housing in Orange County. Mayor Howes said the definition would provide a point of reference. Council Member Andresen inquired whether one of the goals was to construct fifty new units of affordable rental housing each year. Mr. Horton said yes, noting that the units could be constructed by local governments or a non-profit organization. Council Member Andresen asked whether additional Town funds would be needed in the future to fund construction of the units. Mr. Horton said this was not necessarily implied. He noted that the Town was committed to working with neighboring communities and organizations to meet the stated objective.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (91-11-25/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit the Consolidated Comprehensive Housing Affordability Strategy, as described in the Manager's memorandum to the Council dated November 25, 1991 to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with the submission of the Comprehensive Housing Affordability Strategy and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development.

This the 25th day of November, 1991.

Public Housing Bids

Mr. Horton said the resolution before the Council was a very significant one. Mr. Horton stated that he was recommending that a contract be awarded for the construction of twenty-four public housing units off Airport Road. He said the staff was pleased that bids for the units were within available funds for the project. Mr. Horton said he was disappointed that the goal for minority and women-owned businesses had not been met. Council Member Preston inquired what would happen to the balance of unexpended funds. Housing and Community Development Director Tina Vaughn said that some funds would likely not be expended.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION ACCEPTING THE BID AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF TWENTY-FOUR PUBLIC HOUSING UNITS (91-11-25/R-5)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The News and Observer on October 13, 1991, The Challenger on October 17, 1991 and The Chapel Hill Newspaper on October 27, 1991 in accordance with G.S. 143-128 for the construction of twenty-four public housing units; and

WHEREAS, the following bid was received and opened on November 12, 1991:

Contractors Bid Amount

DTH Construction Company, Inc. $1,274,850

Romeo Guest Associates, Inc. 1,289,802

Superior Construction Company 1,296,000

Riley Contracting Group, Inc. 1,308,300

Bordeaux Construction Co., Inc. 1,336,000

The Resolute Building Company 1,358,300

Crosland Contractors 1,368,746

Blue Ridge Enterprises, Inc. 1,379,000

Branch & Associates 1,497,000

C.C. Woods Construction Co., Inc. 1,503,999

Trout & Riggs Construction 1,534,800

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid and awards a contract to DTH Construction Company, Inc., in the amount of $1,274,850 for the construction of twenty-four public housing units on Airport Road/N.C. 86.

This the 25th day of November, 1991.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO ADOPT ORDINANCE 1.

Council Member Preston asked how the excess funds would be handled. Mr. Horton said the funds would be needed to plan for contingencies in the project. Mayor Howes noted that any unexpended funds would need to be returned. Mr. Horton said this was correct. Council Member Andresen inquired who oversaw construction of the project. Mr. Horton said construction would be overseen by the Town's Housing, Engineering and Inspections Departments.

THE MOTION TO ADOPT ORDINANCE 1 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO AMEND A GRANT PROJECT ORDINANCE FOR NEW PUBLIC HOUSING UNITS (91-11-25/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the grant project ordinance adopted by the Council on November 26, 1990 is hereby amended:

SECTION I

The project as amended is the grant award for the new public housing units as approved by the Council on October 14, 1991; funds are as contained in the amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD), dated October 28, 1991.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project with the terms of the contract document(s), the Rules and Regulations of the U.S. Department of Housing and Urban Development, and budget contained herein.

SECTION III

Revenues anticipated to be available to complete this project are amended as follows:

Current Amended

Budget Increase Decrease Budget

HUD Grant 1,233,600 75,000 0 1,308,600

SECTION IV

The amounts appropriated for the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

Administration 20,300 0 0 20,300

Professional

Services 118,600 0 0 118,600

Construction 1,094,700 75,000 0 1,169,700

SECTION V

The Finance Director is hereby directed to maintain within the Project Fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.

SECTION VI

Funds may be advanced from the General Funds for the purpose of making payment as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 25th day of November, 1991.

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

Mr. Horton said the Town's Housing and Community Development staff deserved special commendation for its efforts in receiving the Town's largest CIAP grant ever.

THE MOTION TO ADOPT ORDINANCE 2 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO AMEND A COMPREHENSIVE IMPROVEMENT ASSISTANCE PROGRAM (CIAP) PROJECT ORDINANCE (91-11-25/O-2)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of the Chapel 159 of the General Statutes of North Carolina, the following project ordinance is hereby amended:

SECTION I

The project as amended is the Comprehensive Improvement Assistance Program (CIAP) as approved by the Council on October 14, 1991; funds are as contained in the Amendment to Consolidated Annual Contributions Contract between the Town and the U.S. Department of Housing and Urban Development (HUD) approved by the Council on October 28, 1991.

SECTION II

SECTION III

Revenues anticipated to be available to complete this project are amended as follows:

Current Amended

Budget Increase Decrease Budget

Comprehensive Improvement

Assistance Program Grant 412,766 1,257,750 0 1,670,516

SECTION IV

The amounts appropriated for the project are amended as follows:

Current Amended

Budget Increase Decrease Budget

Maintenance and

Replacement 412,766 1,257,750 0 1,670,516

SECTION V

SECTION VI

Funds may be advanced from the General Funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

This the 25th day of November, 1991.

Mr. Horton said the Town was very fortunate to receive a two-year drug elimination program grant. Mr. Horton said the staff had received good guidance from public housing neighborhood residents in determining how the grant would be utilized. He noted that seven positions would be funded throughout the term of the grant.

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 3. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE TO ESTABLISH A PUBLIC HOUSING DRUG ELIMINATION PLAN PROJECT ORDINANCE (91-11-25/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following project ordinance is hereby adopted:

SECTION I

The project authorized is the Public Housing Drug Elimination Plan as approved by the Council on July 8, 1991; funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development (HUD), accepted by the Council on October 28, 1991.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the agreement document(s), rules and regulations of the U.S Department of Housing and Urban Development, and the budget contained herein.

SECTION III

The following revenues are anticipated to be available to complete this project:

Public Housing Drug Elimination Plan Grant $136,000

SECTION IV

The following amount is appropriated for the project:

Police Overtime Salaries $25,284

Van Rental $9,000

Establishment of a scholarship fund: $10,000

Personnel costs (includes training materials,

travel funds, etc.) for 1 full-time

and up to 7 part-time staff: $91,716

Total: $136,000

SECTION V

SECTION VI

Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.

SECTION VII

The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.

SECTION VIII

Copies of this grant project ordinance shall be entered into the minutes of the Council and copies filed within five days of adoption with the Manager, Finance Director and Clerk.

This is the 25th day of November, 1991.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(91-25-18/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials Beginning July 1, 1991" (91-5-28/0-4) as follows:

In Section III, grade 16, ADD the title "Resident Activities Coordinator;" and

In Section IV, C, ADD the line under Housing and Community Development:

Full-time Part-time Grade

No. Hours No. Hours

Resident Activities Coordinator 37.5 -- -- 16

In Section IV, D, ADD the line under General:

No. Position No. Hours Salaries

Neighborhood Representative 6-8 5 $7.00/hr

This is the 25th day of November, 1991.

Council Member Werner inquired about the status of the Airport Road public housing site development proposal park and ride lot and community center. Mr. Horton said that no funding had been identified for the park or park and ride lot at the site.

Item 7 Kuralt Proposal

Mr. Horton said there had been wide public discussion of the Kuralt proposal. He said the memorandum before the Council presented a sense of key issues. Mr. Horton said the resolution authorized a technical analysis of the proposal. He added that a report on the conceptual viability of the plan could be presented to the Council by the end of April.

Noting that students participating in the Town Hall day mock Council meeting had referred the matter to their Town Manager designee, Council Member Herzenberg suggested that the Council refer the matter to the Manager.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 6.

Council Member Werner inquired about the amount of staff time involved in the technical analysis. Mr. Horton said a large amount of staff time would not be involved. He added that a lot of data was already available. Mayor Howes said the conducting of a technical analysis was the only way to investigate the viability of the project. Council Member Preston cautioned that one-way circulation of traffic on East Franklin Street would not be advisable. She noted that Mr. Kuralt's proposed parking plan was a good idea.

THE MOTION TO ADOPT RESOLUTION 6 WAS PLACED ON THE FLOOR AND ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION DIRECTING TECHNICAL ANALYSIS OF A DOWNTOWN PROPOSAL (91-11-25/R-6)

WHEREAS, a proposal for structural changes to the 100 blocks of Franklin and Rosemary Streets has been submitted to the Town Council for consideration; and

WHEREAS, the comments from the Town Advisory Boards on the proposal indicate support for the general concept of improving the pedestrian environment downtown, along with many questions about technical feasibility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to study the proposal as described in the attached memorandum, and to provide the Town Council a status report on the subject, "What would it take to make a concept like this work?" no later than the end of April, 1992.

This the 25th day of November, 1991.

Item 8 Noise Ordinance Monitoring Committee

Council Member Herzenberg said that the committee had concluded its work several months ago. He noted that the Council had adopted the committee's recommendations. Council Member Herzenberg also said that the revised ordinance appeared to be working well. He thanked Town Manager Cal Horton, Police Chief Arnold Gold and Police Planner Jane Cousins for their staff support of the committee.

Council Member Andresen thanked Council Member Herzenberg for chairing the committee. Council Member Herzenberg noted that the charge of the committee had been specific and implemented. Council Member Andresen inquired whether the matter of a sixty-five decibel limit was still an open issue. Council Member Herzenberg said it was likely that this matter would be discussed in the future. Council Member Andresen noted that the number of noise complaints at fraternities and sororities had decreased, while there was an increased incidence of noise complaints at apartment complexes. She inquired how complaints at apartment complexes were being addressed. Ms. Cousins said the nuisance section of the ordinance addressed these types of situations. She noted that public safety officers could issue citations for violations of the nuisance section, if necessary. Council Member Brown inquired whether the University had changed its rules concerning fraternity parties. Council Member Herzenberg said that off-campus parties were being discouraged.

Noting that several citizens had recently expressed concern to her, Council Member Preston inquired whether it was necessary for police and fire vehicles to continuously sound sirens when responding to calls. Mr. Horton noted that there were State regulations regulating use the of warning beacons and sirens. He said that the Town's practices were consistent with State laws. Mr. Horton said the inherent concern was for public safety. He stated that there was no effective way to reduce the use of sirens. Council Member Preston said she understood that safety was of paramount importance, although it was a nuisance to hear sirens all the way across the Town.

Council Member Werner said that the Consultation and Coordination Committee had received a report on the boiler plant earlier in the day. He noted that although the testing program at full power had been concluded, not all noise issues had been completely resolved. Mayor Howes said that a meeting with university boiler plant neighbors would be held at 7:30 p.m. on Tuesday, November 26th.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 7. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION COMMENDING THE MEMBERS OF THE NOISE ORDINANCE MONITORING COMMITTEE FOR THEIR WORK AND RECOMMENDATIONS TO THE TOWN COUNCIL (91-11-25/R-7)

WHEREAS, Chapel Hill citizens take an active part in dealing with community needs and issues; and

WHEREAS, the mixture of young people and other Town residents living in the same neighborhood areas has from time to time created controversy involving noise control issues; and

WHEREAS, citizens with differing preferences and perspectives have discussed and debated the Town's noise control policies for many years, dating back to the adoption of a noise control ordinance in the 1930's; and

WHEREAS, the Town Council appointed a Noise Monitoring Committee which met for two years to develop recommendations for changes intended to make the noise ordinance fairer, more practical to administer and enforce, and more acceptable to the community; and

WHEREAS, the Council adopted several Noise Ordinance amendments in May, 1991, based on recommendations from the Committee; and

WHEREAS, in September, 1991, the number of calls to the police Department concerning noise decreased significantly in comparison to the same month of the previous year;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council expresses its gratitude to the citizens who have served on the Noise Monitoring Committee for their valuable service to the Chapel Hill community in recommending changes to appropriately protect the right of all citizens of Chapel Hill to the quiet enjoyment of their residences and neighborhoods; their places of work, study and recreation; and public areas of the community.

BE IT FURTHER RESOLVED that the Council thanks the citizens who served on the Noise Monitoring Committee for their hard work and determination to find policy solutions through compromise and creativity which are acceptable to the community as a whole.

This the 25th day of November, 1991.

Item 9 Annexation Areas

Mr. Horton stated that resolutions 8a, 8b, 8c and 9 concerning areas for possible future annexation consideration required separate consideration by the Council.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 8A. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (91-11-25/R-8a)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

Section 1. That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Annexation Area 1. Phases 3 and 4 of Southbridge subdivision on the north side of Culbreth Road; and a parcel north of this subdivision, including right-of-way of N.C. 54 West bordering the Town of Chapel Hill's current corporate limits. All tax map references are to Orange County Tax Maps, Chapel Hill Township, and on file in the Orange County Tax Office, Hillsborough.

BEGINNING at a point at the Southeast corner of Lot 1, Tax Map 122C, and proceeding Westward approximately 112 feet along the Southern line of said Lot 1 to the intersection with the right-of-way of Adams Way; thence proceeding across Adams Way to the Southeast corner of Lot 17, Tax Map 122C, and proceeding along the Southern line of said Lot 17 approximately 98 feet to the Southwest corner of said Lot 17; thence proceeding Westward along the Southern lines of Lots 65, 66, 67, 68, 69, 70 and 71, Tax Map 122C, approximately 796 feet to the Southwest corner of said lot 71; thence running Northward along the Western line of said lot 71 approximately 121 feet to the Southern edge of the right-of-way of Westbury Drive, crossing said right-of-way and proceeding Northward along the Western lines of lots 42, 44, 45, 46, 47, 48, 49, 33, 32, 31, 30, 29 and 40, Tax Map 122C, approximately 1,513 feet to a point intersecting with Morgan Creek and the existing Chapel Hill corporate limit line; thence proceeding along Morgan Creek following said corporate limit line Northeastward approximately 700 feet to the Southwest corner of Lot 6, Block B, Tax Map 122; thence following the boundary of said Lot 6 Northwestward along the current corporate limit line approximately 125 feet along Pritchard Branch; thence proceeding Northeastward approximately 50 feet along the Western line of said Lot 6 to the Southern edge of N.C. 54 right-of-way; thence proceeding across the right-of-way of N.C. 54 along the current corporate limit line to the Northern edge of the right-of-way; thence proceeding approximately 870 feet along the Northern edge of said right-of-way following the current corporate limits line; thence Southward across said right-of-way to its Southern edge at the Northeast corner of Lot 6, Block B, Tax Map 122; thence Westward 150 feet along the Eastern line of said Lot 6 following the current corporate limits line; thence proceeding Southeastward approximately 150 feet to the intersection of Lot 6, Block B, Tax Map 122, with Morgan Creek and the Northeast corner of Lot 22, Block B, Tax Map 122A; thence Westward 580 feet along the Northern line of said Lot 22 following the current corporate limits line to the Western corner of said Lot 22 which is the Northeastern corner of Lot 40, Tax Map 122C; thence following the current corporate limits line along the Eastern lines of Lots 40, 22, 21, 19, 39, 41, 8, 7, 6 and 5, Tax Map 122C, approximately 1270 feet; thence crossing the right-of-way of Westbury Drive; thence along the Eastern boundaries of Lots 4, 3, 2 and 1, Tax Map 122C, approximately 361 feet to the point of BEGINNING.

Section 2. That a public hearing on the question of annexing the

above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:30 p.m., on the 17th day of February, 1991, at which time plans for extending services to said territory will be explained and all residents and property owners in said territory and all residents of the Town of Chapel Hill will be given an opportunity to be heard.

Section 3. That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk at least thirty (30) days before the date of said public hearing.

Section 4. That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have been identified be posted in the office of the Town Clerk at least thirty (30) days before the date of said public hearing.

Section 5. That notice of said public hearing shall be given by publication and first class mail, as required by G.S. 160A-49.

This the 25th day of November, 1991.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT RESOLUTION 8B. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (91-11-25/R-8b)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

Annexation Area 2: Culbreth Park subdivision, Morgan Run subdivision (as yet undeveloped) on the south side of Culbreth Road, and undeveloped parcels on the north side of Culbreth Road

bordering the Town's current corporate limits and including the right-of-way of 15-501 South. All tax map references are to Orange County Tax Maps, Chapel Hill Township, and on file in the Orange County Tax Office, Hillsborough.

BEGINNING at the Southwest corner of Lot 37, Tax Map 122D, and thence proceeding Northeastward along the Western lines of Lots 37, 36, 35, 34 and 33 (Tax Map 122D) for approximately 338 feet; thence proceeding Northwestward along the Western lines of Lots 33, 32, 31, 51, 7, 6 and 5 (Tax Map 122D) for approximately 736 feet to the southern edge of the right-of-way of Culbreth Road; proceeding thence across said right-of-way to a point on its Northern edge that is the Southwest corner of Lot 2, Block B, Tax Map 122A; thence proceeding Eastward along the Northern edge of said right-of-way, following the current Chapel Hill corporate limits line, approximately 1337 feet to the Southeast corner of Lot 1, Block D, Tax Map 122A; proceeding Northward along said corporate limits line along the Eastern lines of Lots 1, 2 and 17, Block D, Tax Map 122A, approximately 460 feet to a point in the center of Morgan Creek; thence following the current corporate limits line Eastward along the Northern line of Lot 8, Block B, Tax Map 122, that runs along the centerline of Morgan Creek approximately 1400 feet to the Western edge of the right-of-way of 15-501 South; thence proceeding Southwestward along said current corporate limits line following the western edge of the 15-501 right-of-way to the Southern edge of the right-of-way of Culbreth Road; thence proceeding Eastward along said current corporate limits line across the right-of-way of 15-501 approximately 535 feet to the Eastern corner of Lot 8H, Block B, Tax Map 122; thence proceeding Westward along the Southern line of said Lot 8H approximately 300 feet, then proceeding Southward approximately 160 feet along the Eastern line of Lot 8H; thence proceeding Northwestward approximately 220 feet across said Lot 8H and the right-of-way of 15-501 South to the Southeast corner of Lot 8L, Block B, Tax Map 122; thence proceeding Northwestward along the Southern line of said lot 8L approximately 270 feet to Fan Branch; proceeding thence with the line of Lot 8L along Fan Branch, West, Southwest and South approximately 905 feet to the Northeast corner of Lot 52, Tax Map 122D; thence proceeding Southward along the Eastern line of said Lot 52 as it follows Fan Branch approximately 321 feet; thence running Southwestward along the Southern line of said Lot 52 and Lots 46 and 45 (Tax Map 122D) approximately 675 feet to the Southern corner of said Lot 45; thence proceeding Westward along the Southern lines of Lots 45, 44 and 43 (Tax Map 122D) approximately 138 feet to the Southwest corner of said Lot 43; thence proceeding Southwestward along the Southern lines of Lots 42, 41 and 40 (Tax Map 122D) approximately 150 feet to the Southern corner of said Lot 40; thence running Northwest along the Southern lines of Lots 40, 39 and 38 (Tax Map 122D) approximately 326 feet to the Southwest corner of said Lot 38; thence running Northeast 27 feet to the Southwest corner of Lot 37 (Tax Map 122D) said corner being the point of BEGINNING.

Section 2. That a public hearing on the question of annexing the

Section 5. That notice of said public hearing shall be given by publication and first class mail, as required by G.S. 160A-49.

This the 25th day of November, 1991.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO ADOPT RESOLUTION 8C. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (91-11-25/R-8c)

BE IT RESOLVED by the Town Council of the Town of Chapel Hill:

Annexation Area 3: Phase 2 of Chandler's Green subdivision off

Sunrise Road, including a portion of Sweeten Creek Road, and including Yukon Lane, Toynbee Place, and Landing Drive. All tax map references are to Orange County Tax Maps, Chapel Hill Township, and on file in the Orange County Tax Office, Hillsborough.

BEGINNING at a point on the Southwest corner of Lot 3, Tax Map 138A; thence proceeding Northward along the Western lines of said Lot 3, and Lots 4 and 5, Tax Map 138A, approximately 618 feet to the Northwest corner of said Lot 5, said corner being on the Southern edge of the Interstate 40 right-of-way; thence proceeding Southeastward along the Southern edge of said right-of-way and the Northern lines of Lots 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Tax Map 138A, approximately 1811 feet to the Northeast corner of said Lot 18; thence proceeding Southwestward along the Eastern line of said Lot 18 approximately 211 feet to the Northern edge of the right-of-way of Sweeten Creek Road; thence proceeding across said right-of-way approximately 65 feet to the Northeast corner of Lot 19, Tax Map 138A; thence running along the Eastern line of said Lot 19 Southward approximately 80 feet and Southwestward approximately 212 feet to the Southern corner of said Lot 19; thence proceeding Southwestward along the Eastern line of Lot 22 , Tax Map 138A, approximately 126 feet to the Southeast corner of said Lot 22; thence running Westward along the Southern lines of said Lot 22 and Lot 23, Tax Map 138A, approximately 291 feet to a point on the current corporate limits line of the Town of Chapel Hill; thence proceeding Northwestward along said corporate limits line which runs along the Southwest lines of said Lot 23 and Lots 31 and 32, Tax Map 138A, approximately 648 feet to the Southwest corner of said Lot 32; thence proceeding Northeastward along the said current corporate limits line that runs along the Western lines of said Lot 32 and Lot 33, Tax Map 138A, approximately 249 feet to the Northwest corner of said Lot 33; thence, following the current corporate limits line, proceeding Northwestward along the Southwestern line of Lot 37, Tax Map 138A, approximately 190 feet to a point on the Eastern edge of Sweeten Creek Road right-of-way; thence running Northward along the current corporate limits line across said right-of-way to the Southeast corner of Lot 1, Tax Map 138A; thence running Northwestward approximately 152 feet along the Southwest line of said Lot 1 and the current corporate limits line to the Southeast corner of Lot 2, Tax Map 138A; thence proceeding Westward approximately 208 feet along the corporate limits line and the Southern lines of said Lot 2 and Lot 3, Tax Map 138A, to the Southwest corner of said Lot 3, said corner being the point of BEGINNING.

Section 2. That a public hearing on the question of annexing the

Section 5. That notice of said public hearing shall be given by publication and first class mail, as required by G.S. 160A-49.

This the 25th day of November, 1991.

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

A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (91-11-25/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill:

SECTION I

That pursuant to G.S. 160A-49 (i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Unincorporated area between Chapel Hill's existing corporate limits and the Town's Urban Services Boundary as identified on the 1986 Land Use Plan adopted by the Council on July 14, 1986.

The above areas are shaded on attached Map 1, which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160-49(i).

SECTION II

That a copy of this resolution shall be filed with the Town Clerk.

This the 25th day of November, 1991.

Item 10 Board and Commission Appointments

Bicycling Advisory Committee

Council Member Preston inquired whether Carrboro residents could serve on the committee. Mr. Karpinos said the Council could permit non-Town residents to serve on the committee if it chose to do so.

Council Member Werner suggested appointing all applicants to serve on the committee. Mayor Howes concurred, noting that he found it difficult to discriminate among the various applicants.

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO APPOINT ALL APPLICANTS.

Mr. Karpinos noted that the resolution creating the committee called for a minimum of sixteen committee members, with no defined maximum membership.

THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

Mayor Howes read the names of appointees, as follows, into the record:

Fletcher Fairey Chapel Hill-Carrboro Schools

Thomas Kmetz UNC Hospitals

Raymond Magyar University of North Carolina

Donald Stanat League for Safe Bicycling

Dick Terry Greenways Commission

Wayne Pein Transportation Board

Bill Webster Parks and Recreation Department

Mark Fiers Planning Department

Melvin Smith Police Department

At-Large Appointments

Ethan Annis Steven Stitcher

Logan Carter Raymond Sturner

Ronnie Johnson Gordon Sumerel

Steven Luxenberg Judith Wood

Christian Marthinson Jonathan Woodall

Janet Stevens

Community Appearance Commission

Council Member Preston noted that Milton Van Hoy had previously served on the commission. Council Member Preston said she recommended his reappointment.

Milton Van Hoy was unanimously appointed (seven votes--Andresen, Brown, Herzenberg, Howes, Preston, Werner and Wilkerson) to the Community Appearance Commission.

Council Member Werner nominated Clayton Craeger of the Sierra Club to serve on the Stormwater Management Committee. Council Member Preston noted that Josh Gurlitz currently served on the Town's Historic District Commission.

Council Member Andresen said she recommended the appointment of Kimberly Brewer. Mayor Howes noted that Michael Hammersley had made a presentation to the Council earlier in the evening.

Council Member Werner was appointed as the Council's representative on the Stormwater Management Committee. Other appointees were (Denoted in bold print):

First Ballot

Kimberly Brewer 7 votes (Andresen, Brown, Herzenberg, Howes, Preston, Werner, Wilkerson)

Clayton Creager 7 votes (Andresen, Brown, Herzenberg, Howes, Preston, Werner, Wilkerson)

Lightning Brown 6 votes (Andresen, Brown, Herzenberg, Howes, Preston, Werner)

Joan Bartel 5 votes (Brown, Howes, Preston, Werner, Wilkerson)

Runyon Woods 5 votes (Andresen, Herzenberg, Howes, Preston, Werner)

Thomas Shumate 3 votes (Howes, Preston, Werner)

Henry Whitfield 3 votes (Brown, Preston, Wilkerson)

Charles Billings 2 votes (Andresen, Brown)

Josh Gurlitz 2 votes (Andresen, Wilkerson)

Michael Hammersley 2 votes (Howes, Wilkerson)

Jim Ellis 1 vote (Brown)

Kathleen Feser 1 vote (Werner)

Becky Lynn France 1 vote (Andresen)

Edward Short 1 vote (Wilkerson)

Second Ballot

Michael Hammersley 5 votes (Herzenberg, Howes, Preston, Werner, Wilkerson)

Thomas Shumate 5 votes (Herzenberg, Howes, Preston, Werner, Wilkerson)

Charles Billings 1 vote (Brown)

Jim Ellis 1 vote (Brown)

Becky Lynn France 1 vote (Andresen)

Edward Short 1 vote (Andresen)

Item 10.1 New Hope Corridor Study

Mr. Horton briefly reviewed the differences in the two resolutions before the Council.

Pearson Stewart said he was concerned with the third "be it resolved" provisions in resolutions a and b. Mr. Stewart suggested that language be strengthened in the resolutions to emphasize the importance of the corridor study plan. Mr. Stewart said that the Manager's recommendation appeared to favor a unilateral approach by the Town. He suggested that the Greenways Commission have an active role in the planning process. Mayor Howes inquired whether other jurisdictions were considering a regional body to handle needs of the New Hope Corridor. Mr. Stewart said no, noting that the other jurisdictions were also acting unilaterally. Mayor Howes suggested adopting resolution A to include the Greenways Commission in the review process.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO ADOPT RESOLUTION 9.1a. THE MOTION WAS ADOPTED UNANIMOUSLY

(7-0).

A RESOLUTION ADOPTING NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN AS A COMPONENT OF THE COMPREHENSIVE PLAN OF THE TOWN OF CHAPEL HILL (91-11-25/R-9.1a)

WHEREAS, the Council on September 25, 1989 expressed its intent to preserve open space connecting new Hope Creek with the Eno River through Orange and Durham Counties; and

WHEREAS, the Council has participated with Orange County, Durham County and the City of Durham in funding and carrying out this study;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the report of the New Hope Advisory Committee, New Hope Corridor Open Space Master Plan, as a component of the Comprehensive Plan of the Town of Chapel Hill.

BE IT FURTHER RESOLVED that the Council recommends to Orange County that the Joint Planning Area Land Use Plan be amended to incorporate the New Hope Corridor Open Space Master Plan.

BE IT FURTHER RESOLVED that the Council requests the Chapel Hill Greenways Commission to take responsibility for ongoing attention to the Plan, and for monitoring progress on Chapel Hill's components of the Plan.

This the 25th day of November, 1991.

Item 11 Consent Agenda

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER PRESTON, TO ADOPT THE CONSENT AGENDA AS PRESENTED. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

A RESOLUTION APPROVING VARIOUS RESOLUTIONS AND ORDINANCES

(91-11-25/R-10)

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. Aerial truck bid award (R-11).

b. Rear-loading garbage truck bid award (R-12).

c. Electronic farebox bid award (R-13).

d. Tire fee disposal policy (R-14).

e. Rescheduling consideration of American Stone Quarry proposal (R-15).

f. Deleted.

g. Annual tree-lighting ceremony (R-17).

h. Public Information Network (R-18).

i. Transportation planning and capital grants project ordinance (O-5).

j. Monthly report on UNC boiler plant.

This the 25th day of November, 1991.

A RESOLUTION AUTHORIZING THE PURCHASE OF AN AERIAL FIREFIGHTING TRUCK (91-11-25/R-11)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on October 13, 1991 in accordance with G.S. 143-129 for the purchase of an Aerial Firefighting Truck; and

WHEREAS, the following bids were received and opened on November 11, 1991:

Manufacturer Cost

Baker Equipment Company

Alternate #1 $ 468,294

Alternate #2 484,998

Grumman Emergency Products $ 495,833

Dixie Fire & Safety Equipment Co. $ 505,869

(Sutphen)

Simon LTI - Alternate #2 $ 499,283

Emergency One (E-1) $ 497,955

Simon LTI - #1 $ 515,631

Piedmont Fire and Safety $ 541,214

(Seagraves)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the lowest responsive bid of Simon Ladder Towers, Inc. in the amount of $499,492 for the purchase of an Aerial Firefighting Truck.

This the 25th day of November, 1991.

A RESOLUTION AWARDING A BID FOR THE PURCHASE OF A CAB AND CHASSIS EQUIPPED WITH A REAR-LOADING PACKER BODY (91-11-25/R-12)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill Newspaper on September 18, 1991,

in accordance with G.S. 143-129 for a Cab and Chassis equipped with a rear-loading packer body; and

WHEREAS, the following bids were received and opened on October 3, 1991:

Cab & Rear-Load Total Vendor Chassis Packer Body Bid

Sanco/Heil -0- 18,495.00 18,495.00

Cavalier Equipment Co. -0- 20,026.00 20,026.00

(Alternate 1) -0- 22,827.00 22,827.00

Kabco, Inc. -0- 21,425.00 21,425.00

Simpson Equipment Co. -0- 23,456.00 23,456.00

Cardinal Int'l. Trucks 38,111.59 -0- 38,111.59

Service-Sales Inc. 40,000.00 -0- 40,000.00

Peterbilt of Dunn 52,540.00 -0- 52,540.00

Complete Units:

Kabco, Inc. 36,430.00 23,575.00 60,005.00

40,650.00 23,575.00 64,225.00

Herring International 37,339.57 23,456.00 60,795.57

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bids of Cardinal International for a cab and chassis in the amount of $38,111.59 and the lowest responsive bid of Simpson Equipment Company for a rear-loading packer body in the amount of $23,456.00 for a total unit cost of $61,567.59.

This the 25th day of November, 1991.

A RESOLUTION AUTHORIZING THE PURCHASE OF ELECTRONIC FAREBOX EQUIPMENT (91-11-25/R-13)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on October 10, 1991 in accordance with G.S. 143-129 for the purchase of electronic farebox equipment; and

WHEREAS, the following bid was received and opened on November 7, 1991:

Vendor: General Farebox, Incorporated

Unit Price Total

38 CENTSaBILL Fareboxes $ 4,875.00 $185,250.00

1 Stationary Revenue vault 17,500.00 17,500.00

$202,750.00

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of General Farebox, Incorporated for electronic farebox equipment in the amount of $202,750.00.

This the 25th day of November, 1991.

A RESOLUTION ELIMINATING FEE FOR DISPOSAL OF TIRES AT ORANGE REGIONAL LANDFILL (91-11-25/R-14)

WHEREAS, Orange Regional Landfill presently charges for disposal of tires based on fees of $1.00 per tire or $100 per ton as established in budget for Fiscal 1991-92; and

WHEREAS, the State of North Carolina's Department of Environment, Health and Natural Resources shares revenues to cover costs of scrap tire disposal; and

WHEREAS, such State-shared revenues are adequate to cover actual costs for tire disposal at Orange Regional Landfill;

NOW, THEREFORE,BE IT RESOLVED by the Council of the Town of Chapel Hill that present fees of $1.00 per tire or $100 per ton charged for disposal of tires at Orange Regional Landfill will be reduced to zero charges effective January 1, 1992.

This the 25th day of November, 1991.

A RESOLUTION REQUESTING INFORMATION AND DEFERRING ACTION ON THE JOINT PLANNING AREA APPLICATION OF THE AMERICAN STONE COMPANY (91-11-25/R-15)

WHEREAS, the Council, sitting at Joint Public Hearing with the Carrboro Board of Aldermen and the Orange County Board of Commissioners on October 10 considered an application for amendments to the Joint Planning Area Land Use Plan; and

WHEREAS, the Council has asked for additional information about potential environmental impacts of the proposal to be compiled and transmitted to the Council for review;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that additional environmental impact information be sought from Orange County, American Stone Company, and the Orange Water and Sewer Authority, examining possible affects of the proposed facility on water quality in the University Lake Watershed;

BE IT FURTHER RESOLVED that the Council defers action on the application until January 14, 1992, to allow time for the requested information to be compiled and supplied.

This the 25th day of November, 1991.

A RESOLUTION TEMPORARILY CLOSING PART OF HENDERSON STREET ON FRIDAY, DECEMBER 6, 1991 (91-11-25/R-17)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the temporary closing of Henderson Street to vehicle traffic between Franklin Street and Rosemary Street between 5:30 and 9 p.m. on Friday, December 6, 1991 in connection with a community sing and tree lighting ceremony.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to temporarily close the portion of Henderson Street described above on similar dates and times in future years in connection with the holiday tree lighting ceremony/community sing or similar community events.

This the 25th day of November, 1991.

A RESOLUTION ENDORSING THE PUBLIC INFORMATION NETWORK IN CONCEPT (91-11-25/R-18)

WHEREAS, the Public Information Network, inc., a non-profit corporation, with headquarters in Orange County, is proposing a computer-based public information system for the Chapel Hill area; and

WHEREAS, such a system will be of value to the citizens of Orange County by providing a variety of public information, by aiding the discussion of local issues by means of personal computers, and by providing electronic mail between citizens and government offices;

NOW, THEREFORE, BE IT RESOLVED that it is the intent of the Chapel Hill Town Council to encourage the establishment of such a communications facility. To this end, the Council authorizes and encourages Town officials to advise and provide information to Public Information Network, inc. in planning for a local public information computer system.

This the 25th day of November, 1991.

AN ORDINANCE TO ADOPT GRANT PROJECT ORDINANCES FOR TRANSIT PROJECTS (91-11-25/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted:

SECTION I

The projects authorized are Transit Planning and Capital Grants from 1991 federal funds, more specifically known as Urban Mass Transportation Administration Grant NC‑90‑X130, awarded under the Urban Mass Transportation Act of 1964, as amended, and from an agreement with the N.C. Department of Transportation, more specifically known as Project 91‑03‑0002. The projects provide funds for transit planning and capital activities.

SECTION II

The Manager of the Town of Chapel Hill is hereby directed to proceed with the implementation of the project within the terms of the grant agreements executed with the Urban Mass Transportation Administration and the North Carolina Department of Transportation within the funds appropriated herein.

SECTION III

The following revenue is anticipated to be available to the Town to complete activities as outlined in the project application.

Section 3

Urban Mass Transportation Administration (UMTA) $ 777,505

N.C. Department of Transportation (NCDOT) 51,834

Town of Chapel Hill (local match) 207,335

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TOTAL $1,036,674

══════════

Section 9 Planning Project

Urban Mass Transportation Administration $ 24,688

N.C. Department of Transportation 3,086

Town of Chapel Hill (local match) 3,086

───────

TOTAL $30,860

═══════

SECTION IV

The following amounts are appropriated for the project:

Section 3 Transit Planning

Construction of Park/Ride Lot $ 507,960

Land Acquisition for Park/Ride Lot 89,640

Capital Equipment 439,074

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TOTAL $1,036,674

══════════

Section 9 Transit Planning

TOTAL $ 30,860

═══════

SECTION V

The Manager is directed to report annually on the financial status of the project in an informational section to be included in the Annual Report. He shall also keep the Council informed of any unusual occurrences.

SECTION VI

Copies of this project ordinance shall be entered into the minutes of the Council and copies shall be filed within 5 days of adoption with the Manager, Finance Director and Town Clerk.

This the 25th day of November, 1991.

COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADJOURN THE REGULAR MEETING AND MOVE INTO EXECUTIVE SESSION. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0).

No report followed the Executive Session.

The regular meeting concluded at 11:19 p.m.