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

TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 8, 1993 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Joe Herzenberg, Barbara Powell, Alan Rimer and Arthur Werner. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Parks and Recreation Director Michael Loveman, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 Petitions

Earl Marks, representing Ron Ragan of East Franklin Car Care, said his client's application would be filed within thirty-six hours. Mayor Broun noted that the Council was only receiving a report this evening, rather than taking any action on the matter. Mr. Marks reiterated that the application would be submitted shortly.

Council Member Brown inquired about the possibility of extensions from the State of North Carolina and Exxon. Ron Ragan said Exxon would contact Mr. Ragan on February 11th concerning the possibility of an extension. He indicated that an extension to March 22nd might be possible for the removal of fuel tanks. Council Member Brown said she was interested in helping with the situation as much as possible. She inquired whether it was correct that Mr. Ragan would have additional information prior to the Council's February 22nd meeting. Mr. Ragan said this was correct.

Debi Bird, representing Love Your Mother, a local environmental organization, stated that her organization opposed the proposed radioactive waste dump in southern Wake County. Ms. Bird added that the proposed dump would be the largest in the nation. She also expressed concern that trucks going to the dump would be carrying radioactive wastes. Ms. Bird said there were workable alternatives to the dump, such as storing the wastes on the sites where they were created. She noted that a public meeting concerning alternatives to the dump would be held in the Council Chamber on Thursday, February 11th. Ms. Bird invited the Council to attend the meeting and to possibly adopt a resolution opposing the proposed dump.

Council Member Andresen said she would bring forward a resolution at a future meeting concerning maintenance and oversight of on-site wastewater (septic tank) systems and related environmental and health concerns. Council Member Capowski inquired about the number of private septic systems in the Town limits and the number of these having difficulties. Mr. Horton said the staff could attempt to get this information. Council Member Rimer noted that he favored Council Member Andresen's suggestion. He also expressed appreciation to Council Members for their comments concerning Triangle J's programming plans. Council Member Rimer said a report on activities of Triangle J's interjurisdictional committee would be issued in the near future.

Council Member Rimer said he had forwarded a memorandum to the Council and staff concerning a proposal for a sunset-based examination of the Town's Development Ordinance. He suggested that the current ordinance be examined for speedier approval and review of projects such as East Franklin Car Care, Hector's, Top of the Hill and the Intimate Bookshop. Council Member Andresen said the proposal was quite complicated, dealing with many State regulations. She expressed her preference for postponing the task force concept until the Council had received the Manager's report on flood plain-related matters. Council Member Rimer said he was suggesting a more holistic approach concerning possible problems with the existing ordinance. Council Member Rimer also said he would work with staff on this matter. Council Member Werner inquired whether a summary would be forwarded to Council. Council Member Rimer said yes.

Council Member Werner said many different issues were involved in such a review. He added that the current ordinance contained clauses to deal with many development-related situations. Council Member Werner stated that he was not unhappy dealing with matters on an individual basis. He noted that if a vested Town interest were involved, applications could be moved along more quickly at the Council's discretion. Council Member Werner stated that he did not know whether the Council should loosen up regulations for rebuilding after flooding in the Resource Conservation District. Council Member Brown noted that the staff had already examined some of the general aspects of the Development Ordinance. Noting that she favored a speedy review process, Council Member Powell said she would like to discuss Council Member Rimer's concerns further in the future. Council Member Chilton suggested that staff examine other communities' regulations concerning expedited review of environmental and Act of God-related development matters. Mayor Broun said he favored finding out the parameters of the Town's existing operations. He inquired whether the staff could provide of analysis of limitations of the existing development ordinance. Mr. Horton said the staff could give good approximations. Council Member Andresen said the Council needed to have a report from the Manager on this matter.

Council Member Herzenberg said Council Members Andresen and Werner had argued well that Council Member Rimer's proposal was excessively broad or vague. He added that some Council Members thought existing regulations were too restrictive relative to several recent development proposals. Council Member Rimer said the purpose of his petition was to elicit opinion on the proposal. Council Member Rimer said he would discuss the matter further with staff.

Council Member Rimer inquired whether a joint government meeting or OWASA's CIP briefing was being held on February 18th. Mr. Horton said OWASA would present its proposed capital improvement program to the Council and other interested persons on February 18th.

Council Member Andresen suggested that agendas for future Assembly of Government meetings be determined on a rotating basis, with a local government body choosing topics of interest for each meeting. Council Member Werner inquired how the agenda was currently set. Mayor Broun said that he consulted with Mayor Kinnaird, Mayor Johnson and Commission Chair Carey on items of mutual interest. He noted that the group had discussed the possibility of making future Assembly of Governments meetings more informational in nature, rather than debate-oriented.

Council Member Herzenberg said he hoped that the Council would consider the Greenways and Parks and Recreation Commission's request for a joint meeting with the Council. Mayor Broun noted that the Council had held such a joint meeting last year within the context of the budget review process.

There were no board and commission nominations or appointments.

Item 5 Rocky Hill Request for Master Plan Modification

Planning Director Roger Waldon noted that approval for the Rocky Hill master land use plan had recently expired, following a one-year renewal by the Manager. He added that development activity could only occur subsequent to approval of a special use permit by the Council. Mr. Waldon added that although it was permissible for the Manager to grant an additional extension beyond the recommended 1995 expiration, the staff did not recommend such an arrangement. He stated that the Planning Board recommended a one-year extension, with the option of a two-year extension, if necessary. Mr. Waldon said the Manager's recommendation was for the Council to grant a two-year extension.

Noting that Resolution B provided for an extension to February 8, 1994 plus a possible one year administrative extension, Council Member Capowski asked whether it was correct that the Manager did not have much authority to deny a request for extension. Mr. Horton said this was not correct, if the staff determined that there were new conditions or information pertaining to a special use permit. He stated that if the nature of the proposal no longer satisfied the permit's conditions, the proposal would be brought back before the Council. Mr. Horton said this was unlikely since the time periods involved were usually short. Council Member Capowski asked whether Resolution B really was a two-year time extension. Mr. Horton said that Resolution B did not have the same certainty of a two-year extension as Resolution A. Council Member Andresen inquired what had to be done concerning project phasing to satisfy legal limitations. She also inquired what would happen if the land were sold to someone else who wished to develop only one phase of the project. Mr. Waldon said once the special use permit was approved, the master land use plan in effect remained in effect until it was modified. Council Member Andresen inquired whether the burden of proof for denial remained on persons opposing projects. Mr. Waldon said this was correct.

Council Member Brown inquired why the Planning Board had only recommended a one year extension. Mr. Waldon said the Board had felt that the application should not be given a long fuse. Noting that traffic volume at Weaver Dairy and Erwin Roads had increased at an annual rate of about seven percent, Council Member Werner stated that these projections would result in level of service "D" at the intersection within five or six years. He inquired about the Council's options to address this situation. Mr. Waldon said that new data and projections would be provided for each new special use permit. Council Member Capowski inquired about the sunset time for special use permits. Mr. Waldon said starting time limits were almost always two years after the Council's approval date for the special use permit. He added that once a special use permit was approved, it was binding on the land until construction was completed or a modification was requested and approved.

There were no speakers concerning the extension request.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

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

Council Member Capowski thanked Mr. Karpinos for his memorandum describing the relationship between master plans and special use permits. He stated that a one year extension seemed to be sufficient.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO AMEND RESOLUTION A, MAKING THE PROPOSED EXPIRATION DATE FEBRUARY 8, 1994, RATHER THAN 1995.

Noting that such matters tended to move slowly, Council Member Werner said he did not know if one year was sufficient time to initiate activity on the site. He added that two years seemed to be fairly reasonable. Mayor Broun and Council Member Andresen concurred, noting the need for the market to have sufficient recovery time. Council Member Brown called the question on the substitute motion.

THE SUBSTITUTE MOTION FAILED BY A VOTE OF 2-7, WITH COUNCIL MEMBERS BROWN AND CAPOWSKI VOTING YES.

THE MAIN MOTION, RESOLUTION 1A, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING APPLICATION FOR MODIFICATION OF THE ROCKY HILL MASTER LAND USE PLAN (MLUP-MOD-25-13) (93-2-8/R-1a)

WHEREAS, the Council approved a Master Land Use Plan for Rocky Hill on January 8, 1990; and

WHEREAS, NationsBank, Trustee for the property owner, has requested that condition #1 of the Master Land Use Plan be changed to extend the required submittal date for a development application by two years; and

WHEREAS, the Council finds that the applicant has proceeded with due diligence and good faith to submit a Special Use Permit application, and that conditions have not changed substantially in the area of the development site;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves modifications of the Master Land Use Plan as follows:

A. Special terms and conditions imposed as part of the Modification to the Master Land Use Plan:

1. That an application for development of at least one phase be accepted by the Town Manager by February 8, 1995 or the above Master Land Use Plan shall automatically expire.

That any additional time extension(s) of the deadline for submittal of Special Use Permit application(s) shall be granted only by the Council through a modification to the Rocky Hill Master Land Use Plan. No time extensions will be granted administratively.

2. The following conditions:

a. That Special Use Permit applications for development of all phases of Rocky Hill comply with Subsection 14.4.2 (adopted October 28, 1992) of the Development Ordinance, regarding development on steep slopes.

b. That Special Use Permit applications for development of all phases of Rocky Hill comply with Subsection 14.11 (revised October 12, 1992) of the Development Ordinance, regarding solid waste management.

B. Special terms and conditions imposed as part of the original Master Land Use Plan approval of January 8, 1990. Refer to Conceptual Master Plan dated September 19, 1989 and approved by the Council on January 8, 1990 subject to the following conditions:

1. That an application for development of at least one phase be accepted by the Town Manager by January 8, 1992 (two years from the date of approval) or the above Master Land Use Plan shall automatically expire.

2. That a copy of the Master Land Use Plan approval shall be provided to the applicant by the Town Manager and recorded at the Orange County Register of Deeds office. A copy of the recorded document shall be provided to the Town Manager with the first Special Use Permit application.

3. That Special Use Permit applications submitted pursuant to this Master Land Use Plan approval demonstrate compliance with all applicable regulations of the Development Ordinance including the Land Use Intensity (LUI) Ratios.

4. That utility extension plans be approved by OWASA, Duke Power Company, Southern Bell, Public Service Company, Carolina Cable, and the Town Manager as part of the application for a Special Use Permit for the first phase. The developer shall be responsible for assuring these utilities, including cable television are extended to serve the entire development. Detailed plans shall be approved by the utilities as part of each Special Use Permit application.

5. That adequate transit stops, with shelters and/or benches, be provided as appropriate.

6. That the applicant provide at least a type "D" buffer along Weaver Dairy Road, a type "C" buffer along Sunrise Road, and type "B" buffer adjacent to any internal collector roads. Compliance with this requirement shall be approved by the Town Manager and the Appearance Commission for each phase of development. All buffers shall be located outside of utility easements and sight distance easements. Buffers between Chandler's Green and Rocky Hill shall be designed to conform to at least a type "D" buffer, with use of berms where appropriate.

7. That any required State or federal permits be approved and copies of the approved permits be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for each phase of development, if applicable.

8. That all internal streets shall be public and the streets and the parking area of the commercial/office center shall be built to Town standards.

9. That a signal warrant study be conducted by this developer to determine if a signal is necessary at the intersection of Weaver Dairy Road and Erwin Road and at the intersection of Weaver Dairy Road and Sunrise Road. The study shall be provided with or prior to the application for development of the first phase of development and, if the Town determines that a signal is warranted, the signal shall be in place prior to the issuance of a Certificate of Occupancy. That a study of the need for a pedestrian crosswalk and signal at the intersection of the Cedar Falls Park entrance/exit and Weaver Dairy Road be conducted by this developer and submitted to the Town staff.

10. That the following roadway improvements be made, or that a payment-in-lieu be provided equivalent to the improvements, and that these improvements be in place when appropriate (to be determined by the Council on issuance of the first Special Use Permit):

A) Weaver Dairy Road:

1) Dedication of one-half of a 90-foot right-of-way;

2) Improvement of roadway to one-half of a 65‑foot cross section, with curb and gutter, with an additional 4 feet of pavement to be used as a bike lane; and

3) Provision of a sidewalk along the property's frontage.

B) Sunrise Road:

1) Dedication of one‑half of a 70-foot right‑of‑way;

2) Improvement of roadway to one‑half of a 41‑foot cross section, with curb and gutter and with an additional 4 feet of pavement to be used as a bike lane;

3) Provision of a sidewalk along the property's frontage.

C) N.C. Hwy. 86:

1) Improvement of roadway at the Weaver Dairy Road intersection to provide a north bound right turn lane.

11. That all road improvements to N.C. Hwy. 86, Weaver Dairy Road and/or Sunrise Road deemed necessary to mitigate traffic impacts on these roads connected with each phase be in place and accepted for maintenance prior to any Certificates of Occupancy being issued for that specific phase.

12. That architectural design guidelines be prepared for both the residential and non‑residential components of this site, assuring compatibility of design across the development, to be submitted with the first Special Use application. That the applicant's plans for the Special Use Permit incorporate the following into the physical design of the commercial and/or office area:

architectural design of the commercial/office area to be as pedestrian‑oriented as possible, including main entry courts, pedestrian amenities and appropriate landscaping.

13. That the Hunter Loop be constructed to collector road standards with curb and gutter and sidewalk. The southern intersection of Hunter Loop with Weaver Dairy Road shall be aligned with Chesley Drive.

14. That Witchazel Drive and Amesbury Drive be constructed to Local Class B standards with curb and gutter and sidewalk.

15. That Witchazel Drive be relocated to the south to a more environmentally suitable area in order to provide a future road connection to the undeveloped property to the east.

16. That the remaining residential streets be constructed to Class B and Class C standards to be determined by the Council with each Special Use Permit application for development.

17. That the developer shall establish the boundary of the Resource Conservation District as defined in the Development Ordinance and subsequent development applications shall demonstrate compliance with all requirements of the Resource Conservation District.

18. That a plan for the enhancement and permanent maintenance and security of the existing ponds be approved by the Town Manager prior to issuance of a Building Permit.

19. That the developer shall provide with the first application for Special Use Permit, verification from the State regarding the classification of each dam and frequency of inspection.

20. That subsequent applications for Special Use Permit provide pedestrian access between all proposed "clusters" of development. These pedestrian connections shall be signed, the pathway established by the developer, and the pathway maintained and owned by a homeowners association.

21. That the commercial phase not be constructed until one‑half of the residential areas are completed.

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

23. If any of the above conditions is held invalid, this approval shall be void.

This the 8th day of February, 1993.

Item 6 Birch Meadow Subdivision

Mr. Horton requested that the Manager's follow-up report be entered into the record of the hearing. Mr. Waldon reviewed the request and key issues, stating that the entrance location for the subdivision was rather limited. He added that the applicant had agreed to make a payment-in-lieu for a bus shelter, bench and pad. Mr. Waldon said adoption of Resolution 2a was recommended.

Council Member Andresen inquired who would pay for the remainder of bus amenities such as a bus pulloff if bus transportation were available during the next two years. Mr. Waldon said a bus pulloff might not necessarily be needed in the area. Council Member Andresen inquired why a turning lane or other similar roadway improvements were not proposed. Mr. Waldon said a turning lane would be required. Mr. Post denoted the location of the proposed turning. He also briefly reviewed the bus stop amenity situation. Council Member Andresen inquired about the Transportation Board's recommendation concerning bus amenities. Mr. Horton said the Transportation Board recommended a bus pulloff, shelter, bench and pad. Council Member Andresen inquired about the proposed location for the bus shelter and pulloff. Noting that the staff did not concur with the recommendation, Mr. Horton said the proposed location was at the proposed subdivision site.

Council Member Brown inquired about the best place for a bus pullout. Mr. Horton said staff had not assessed this situation. Mayor Broun said the principal issue appeared to whether the applicant should be required to be solely responsible for providing a bus pulloff. Council Member Werner stated that when development occurred along Sage Road, the geography of the entire area would likely take place. He said it was reasonable for the developer to provide a payment-in-lieu for bus-related improvements.

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

Council Member Capowski said he was surprised by the low turnout in opposition to the proposal. Council Member Capowski also said he was pleased by the proposed compromise on bus stop amenities. Council Member Chilton inquired whether it was correct that the home addresses of property owners were used for notification purposes. Mr. Horton said this was correct. Council Member Powell requested additional information concerning erosion and silt control measures. Mr. Horton said construction inspection was provided by the Town, including monitoring removal of soil deposits on adjacent paved roadways. He added that soil erosion control monitoring was provided by Orange County. Mr. Horton stated that good compliance was received from contractors in most cases in maintaining erosion control devices and keeping streets clean.

COUNCIL MEMBER RIMER MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR BIRCH MEADOW SUBDIVISION (93-2-8/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the cluster subdivision proposed by Dry Creek Associates, on property identified as Chapel Hill Township Tax Map 26, Lots 27 and 40, if developed according to the preliminary plat dated July 24, 1992 (revised October 19, 1992), would comply with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance:

1. The tract proposed for cluster development is at least two (2) acres in size.

2. Public, separate, water supply and sewerage connections are available for every subdivided lot.

3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by dividing the total gross land area by the minimum gross land area established in Section 13.11 for that zoning district.

4. The recreation area within the tract shall conform to the recreation area standards of subsection 17.9 of this article.

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, or the minimum recreation area reservation required in subsection 17.9.2, whichever is greater.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. That the land along both sides of the entrance street, outside the public right-of-way, either be dedicated as public right-of-way or dedicated to and maintained by a homeowners' association. Homeowners' association documentation shall be approved by the Town Manager and recorded at the Orange County Register of Deeds simultaneously with the final plat if the land is not dedicated as public right-of-way.

2. That the final plat shall include a note which alerts potential buyers to the proximity of the Sage Road Extension.

3. Required Improvements:

a) That half of a 90 foot right-of-way be dedicated along the property's Erwin Road frontage.

b) That Erwin Road be improved along the property's frontage to half of a 41 foot cross-section including a 5 foot wide bike lane and a sidewalk.

c) That a left-turn lane into the development be provided on Erwin Road.

d) That the part of the subject property which encroaches into the proposed Sage Road extension's 90 foot wide right-of-way be dedicated for right-of-way purposes.

e) That two 16 foot wide strips of land with 5 foot wide improved paths for pedestrian and non-motorized vehicular access be provided: one in a northerly direction from the main street to the adjoining Birchett property, and one in an easterly direction to Town open space along the proposed Sage Road extension. These access strips and paths are to be maintained by the homeowners' association. Homeowners' association documentation shall be approved by the Town Manager and recorded at the Orange County Register of Deeds simultaneously with the final plat. These strips shall be labelled as pedestrian and non-motorized vehicular access easements on the final plat.

f) That a driveway easement be provided for the adjacent Smith property to River Birch Lane, unless the River Birch Lane right-of-way abuts the property.

g) That Town standard sidewalks be provided along all streets in the development as shown on the plans submitted.

h) That a payment-in-lieu of $3,000.00 be made to the Town for a bus shelter, bench, and pad on Erwin Road. The payment shall be made prior to approval of the final plat.

Stipulations Related to Recreation Area

4. Documentation of Comparable Value: That, in accordance with Sec. 17.9.7 of the Chapel Hill Development Ordinance, the developer provide documentation showing that the off-site recreation area is of comparable value to the value of the minimum required amount of recreation area if the latter were in the subdivision. This documentation shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

5. Dedication of Recreation Area for Preliminary Plat applications: That the off-site recreation area be deeded to the Town for Parks and Recreation/Greenways purposes, and a copy of the recorded deed and plat be submitted to the Planning Department before issuance of a Zoning Compliance Permit.

Stipulations Related to State and Federal Government Approvals

6. State or Federal approval(s): 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.

7. NCDOT approval: That plans for improvements to state-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit.

Stipulations related to Landscape Elements

8. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

9. Landscape Plan for Preliminary Plat applications: That a detailed landscape plan and landscape maintenance schedule be approved by the Town Manager before issuance of a Zoning Compliance Permit. The Landscape Plan shall include a 50 foot wide Type D buffer along the subject property's Erwin Road frontage.

Stipulations related to Water, Sewer and other Utilities

10. Fire Flow: That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved before issuance of a Zoning Compliance Permit.

11. Utility Service Laterals for Preliminary Plat applications: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground.

12. OWASA Easements for Preliminary Plat applications: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

13. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager, before issuance of a Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

14. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance 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.

16. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed, and that a note to this effect shall be placed on the final plat.

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

17. Sight Triangle Easements: That sight triangle easements be provided on the final plat.

18. For Developments with New Streets-Traffic Signs: That the property owners shall be responsible for placement and maintenance of temporary regulatory traffic signs including street name signs before issuance of any Certificate of Occupancy until such time that the street system is accepted for maintenance by the Town.

19. For Developments with New Streets-Names, Numbers: That name of the development and its streets and house/building numbers, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

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

23. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

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

This the 8th day of February, 1993.

Item 7 Proposed Northern Community Park

Parks and Recreation Director Mike Loveman noted that the Council had reviewed the initial plan in June, 1990. He added that in November, 1992, the Council had authorized removal of the proposed park and ride lot from, and the connector road through, the site. Mr. Loveman stated that a good balance of active and passive uses were proposed for the site. He added that the proposed resolution would approve continue the design process for the park. Mr. Loveman said the staff hoped to bring back a proposed master plan in June, along with cost estimates and a proposed phasing plan for the park.

Council Member Andresen said she preferred that funds be used on tangible items rather than extensive site planning activities. Mr. Horton stated that data and planning to date had been done by Town staff. He added that limited use of outside resources for facility planning was proposed. Council Member Andresen urged the use of funds to develop playing fields. Council Member Brown said she was interested in assuring that site work would not contribute to environmental degradation. She also inquired which portions of the site were buildable. Mr. Loveman said an essential part of the next phase of the planning process was site analysis. He stated that any changes in soil and drainage conditions would be brought to the Council's attention. Council Member Werner said Council Member Andresen's point was well-taken. He also said it would be preferable to move ahead more quickly on the project than the staff's proposed schedule. Council Member Capowski inquired what was located west of the park. Mr. Loveman said there was presently no development to the west of the park. Council Member Capowski inquired whether water and sewer service was available. Mr. Horton said service was not currently available on the site, but the Council had recently agreed to provide a water and sewer easement across the site.

Herschel Slater thanked the Council and the Town's residents for increasing parks, greenways and open space from 167 to 540 acres during the last four years. He said the Town was falling behind in recreational facilities for youth. Mr. Slater stated that he was encouraged by the proposed plan for active recreational uses at the northern community park. He expressed hope that the Council would look favorably on the proposed conceptual plan. Mr. Slater said he hoped the Council would approve continuation of planning processes for active recreation programs.

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

A RESOLUTION APPROVING THE PRELIMINARY DEVELOPMENT PROGRAM AND AUTHORIZING THE CONTINUATION OF THE DESIGN PROCESS FOR THE PROPOSED NORTHERN COMMUNITY PARK (93-2-8/R-3)

WHEREAS, the Council has allocated $550,000 from 1989 Parks and Open Space Bond funds for the design and initial development of the Northern Community Park, and;

WHEREAS, a preliminary development program has been developed which addresses the general issues of site characteristics, access, and development of facilities, and;

WHEREAS, a more detailed master plan, cost estimates, and a construction phasing schedule are now needed for planning the recreational uses for the site, and;

WHEREAS, the Greenways Commission and the Parks and Recreation Commission, recommend approval of the preliminary development program and continuation of the design process,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the continuation of the design process for the Northern Community Park pursuant to the preliminary development program for the site as presented to the Council on February 8, 1993.

This the 8th day of February, 1993.

Item 8 New Hope Corridor Advisory Committee

Council Member Werner said the activities of the New Hope Corridor Advisory Committee were continuing, with recommendations being brought forward to the Durham-Chapel Hill Work Group. He stated that formation of a program advisory group was recommended.

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

Council Member Andresen inquired whether the advisory group would develop conservation and financing plans for the corridor. Council Member Werner said yes, noting that some staff time might be needed to assist with future efforts.

RESOLUTION 4 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ENDORSING A MULTI-JURISDICTIONAL NEW HOPE ADVISORY COMMITTEE (93-2-8/R-4)

WHEREAS, the Council has adopted the New Hope Corridor Open Space Master Plan as a component of the Comprehensive Plan of the Town of Chapel Hill; and

WHEREAS, the Council has designated the Greenways Commission to carry out the implementation of the New Hope Corridor Plan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the structure of the New Hope Advisory Committee as formulated in the attached summary dated November 30, 1992, and directs the Greenways Commission to designate a member to serve on the New Hope Advisory Committee.

This the 8th day of February, 1993.

Item 9 Legislative Matters

Assistant to the Manager Greg Feller noted that the resolution before the Council outlined possible legislative proposals for discussion at the February 16th public hearing. Mr. Feller presented an overview of proposed topics including the recall of elected officials, a local entertainment or admissions tax, a prepared meals and beverage tax, a non-discrimination policy in the Town Charter, payments-in-lieu for recreation areas, "Denver Boot" legislation and funding for improvements to the old Chapel Hill cemetery. He added that support of state-wide legislative matters was recommended for funding of operating costs for transportation systems, restoration of growth in local revenues, real estate transfer and entertainment taxes, and home rule flexibility. He added that staff would prepare drafts of proposed local bills for consideration by the Council and interested citizens. Mr. Feller said the proposed bills would be brought back before the Council on March 1st. He also noted that the proposed deadline for the submittal of local bills would be April 1st.

Mayor Broun inquired about the inclusionary zoning proposal. Mr. Feller said a new section concerning inclusionary zoning was proposed, providing a linkage to density bonuses or some other incentive. Mayor Broun noted that the recommended resolution would set a public hearing on February 16th and provide draft local bills for citizen reactions. Mr. Horton noted that the draft local bills would be available on February 11th. Council Member Brown inquired whether inclusionary zoning was exclusively for low-income housing or a mixture of housing types. Mr. Feller said the proposal was for low and moderate income housing.

Council Member Brown inquired whether earmarking was proposed for the proposed prepared meals and beverage tax. Mr. Horton said a general source of revenue would be requested. Council Member Andresen said she did not oppose earmarking funds for a specific purpose, such as infrastructure improvements in the downtown area, if this increased the chance of passing legislation. Mr. Horton noted that one of the difficulties faced in earmarking was determining whether the funded item would hold up for a long period of time. Council Member Andresen said citizen support for taxes could sometimes be engendered if they understood where the funds were going. Council Member Brown said it wold be helpful to get information concerning the overall legislative and committee process. Mr. Horton said one of the key steps following the public hearing was arranging a meeting with local legislative delegation to determine which bills were likely to go forward.

Council Member Werner said it would be helpful if the staff could provide estimated revenues from the proposed meals and beverage and entertainment and admissions taxes. He added that a range of revenues for hotel-motel tax proceeds would be beneficial. Mayor Broun requested that staff provide information on entertainment tax revenues collected by the City of Greensboro. Noting that the tax was collected for events at the Greensboro Coliseum, Mr. Horton said staff could provide additional follow-up information.

Council Member Capowski requested information concerning the applicability of the proposed meals and beverage tax on the University campus and related organizations such as fraternities and sororities. He added that one of the reasons for the University's opposition to the proposed entertainment tax was the impact of the opening of the Walnut Creek Amphitheater on the number of events held at the Smith Activity Center. Mr. Horton noted that Smith Center officials were engaged in discussions with Walnut Creek's operators concerning possible cooperative agreements.

Council Member Capowski inquired why the Town could not collect a real estate transfer tax and why support for statewide legislation was recommended on this matter. Mr. Feller said the County had mechanisms for monitoring the sale and transfer of land. Council Member Capowski noted that checks were sent to a number of places at real estate closings. Mr. Feller stated that the Town was not in a position to locally collect the proposed transfer tax. Council Member Andresen said a real estate transfer tax would require cooperative support from all governments in Orange County. She suggested that the matter could be further discussed at an Assembly of Governments meeting. Council Member Andresen noted that Orange County might be interested in using the funds for the purchase of open space and greenways. She commended the Greenways Commission for coming forward with its proposal. Council Member Andresen noted that the City of Boulder, Colorado had been successful in its efforts to acquire open space surrounding the city. Council Member Brown inquired whether the League of Municipalities or County Association had drafted any legislation in this regard. Mr. Feller said although both groups had interests in this area, no specific bill had been drafted. Council Member Brown inquired about the working relationship between the League of Municipalities and County Association. Mr. Horton said the groups did a good job of working together. Council Member Brown noted that the City of Boulder had a home rule form of government. Mr. Horton added that Boulder's legal circumstances were completely different from those in North Carolina.

Council Member Capowski inquired about the proposed entertainment tax exemption for North Carolina High School Athletic Association events. Mr. Horton said the Council's previous direction had been not to charge the proposed tax at these events given their family orientation.

Council Member Chilton said he had three points on the proposed recall provisions. He suggested that financial reporting for petitioners be more specifically outlined. Mr. Karpinos inquired whether there were concerns about sponsoring the petition itself or sponsoring a campaign once a recall election had been called. He added that the clearest applicability would be for cases after the election had been called. Council Member Chilton said it was important to know who financially supported recall efforts. Council Member Werner said this arrangement would like be fairly intimidating to most people and possibly subversive to the democratic process. Mayor Broun said he would have problems going beyond normal campaign financial reporting laws for elections. Council Member Chilton concurred.

Noting that many faculty, staff and students were out of Town during the summer, Council Member Chilton expressed concern about calendar parameters for calling a recall election. Noting that it was difficult to plan for all contingencies, Council Member Andresen said the proposed recall provision was a necessary one. She added that the proposed recall process was democratic by its very nature. Council Member Chilton noted that the County Board of Elections was ultimately responsible for setting election dates. Council Member Werner emphasized the importance of holding a recall election within a reasonable period of time following the receipt and validation of a recall petition. Noting that a significant portion of the population was away during certain times of the year, Council Member Brown emphasized the importance of an open and democratic process. She suggested that efforts be made to schedule elections when a large portion of the population was in town.

Council Member Capowski said the overwhelming consideration was the timeliness of the process. He added that local government did not stop during the summer time. Council Member Capowski said he did not see how the financial status of the petitioner was applicable to the recall process. Council Member Chilton noted that it was necessary for candidates to disclose the names of all persons contributing $100 or more to their campaigns. Council Member Chilton said he was suggesting that a similar process be used during the recall petition process. Council Member Powell said Council Member Capowski had expressed her sentiments in his earlier remarks.

Council Member Chilton said it seemed most advisable to base the number of signatures required for a recall on the number of registered voters. He added that a threshold of eight to ten percent of registered voters seemed to be a reasonable figure. Mayor Broun noted that eight percent of registered voters was approximately twenty-one hundred persons. Council Member Chilton noted that gathering 2,100 to 2,400 signatures would involve a significant but reasonable amount of work. Council Member Andresen said she did not oppose the suggested approach. She added that having a realistic number of signatures was very important to the process. Mayor Broun emphasized the importance of establishing a long-term benchmark, usable over many years. He said it was more reasonable to use the number of registered voters, rather than the number of people voting in elections. Mayor Broun said eight percent seemed to be a reasonable base figure.

Council Member Brown inquired about the experience of other communities concerning recall elections. She also inquired about the minimum amount of time between such elections and any limitations on the number of persons that could be recalled. Mr. Karpinos said he could do some research on these matters. Council Member Brown said she was interested in prohibiting recall of officials until they had served in office for six months. Council Member Powell inquired whether it was correct that a person could not be recalled for the first six months, even if a serious problem occurred three months into a council member's term. Council Member Brown said this was correct, noting the importance of a democratic process. Mayor Broun said the entire Council favored establishment of a democratic process. He noted that the Council consensus appeared to be base recalls on gathering a certain percentage of the Town's registered voters. Mayor Broun said he did not sense Council consensuses on the matters of financial reporting beyond State Election law requirements or the timing of recall elections.

Council Member Andresen said the key was establishing a reasonable number of signatures. Council Member Andresen noted that she had no objection to the suggestion of eight percent of registered voters. Council Member Capowski inquired whether it was correct that it would not be possible to hang petitions on bulletin boards for signatures. Mr. Karpinos said this was correct, adding that the process was modelled after similar legislation in other communities. Mayor Broun said it was fairly standard for petitions of this type to be handled this way. Council Member Capowski inquired whether there were any regulations concerning the collection of signatures on the University campus. Mr. Karpinos said he did not know. Council Member Capowski requested that staff investigate the policy. Mayor Broun said this policy was in the University's hands. Mayor Broun stated that the matter before the Council was whether or not there should be a provision for the recall of elected officials. Council Member Chilton said there appeared to be no consensus concerning the timing of recall elections. Mayor Broun suggested that the Attorney could outline options in this regard. Mr. Karpinos said he would provide such a report and information concerning time periods between recall elections. Council Member Rimer noted that the Chapel Hill-Carrboro School Board would be discussing the concept of year-round school in the near future.

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

A RESOLUTION REGARDING MATTERS FOR PUBLIC COMMENT AT THE COUNCIL'S FEBRUARY 16, 1993 PUBLIC HEARING ON LEGISLATIVE MATTERS

(93-2-8/R-5)

BE IT RESOLVED by the Council of Chapel Hill that the Council seeks citizens' comments at the public hearing at 7: 30 pm on February 16, 1993, regarding the potential legislative items discussed in the Manager's report of February 8th to the Council.

This the 8th day of February, 1993.

Item 10 Consent Agenda

Mayor Broun requested removal of item b from the consent agenda. Council Member Capowski requested removal of items c and d.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 6, ADOPTING ITEM A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(93-2-8/R-6)

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

a. Minutes of January 11, 16, 19 and 21, 1993.

b. Recommendations of Law Enforcement and Support Services Committee of the Violent Crime and Drug Abuse Program (R-7).

c. Authorization to apply for Federal Transportation Capital Grant and Related budget Ordinance Amendment (R-8, O-1).

d. Dobbins Hill expedited processing and staff assistance (R-9).

This the 8th day of February, 1993.

Mayor Broun noted that the Law Enforcement and Support Services Committee had made some good proposals concerning security and lighting. He suggested that the Downtown Committee also have input on these matters. Council Member Andresen asked whether the committee would make a report to Council. Mayor Broun said although none was planned, the committee could make such a report at the Council's request. Noting that the committee had made some good suggestions concerning lighting and security, Council Member Andresen expressed appreciation for the committee's good work.

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO REFER THE MATTER TO THE MANAGER AND DOWNTOWN COMMITTEE.

Council Member Rimer noted that several years ago people had been concerned that lighting at the Church Street lot was too bright. RESOLUTION 7, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING THE REPORT OF THE LAW ENFORCEMENT AND SUPPORT SERVICES COMMITTEE TO THE TOWN MANAGER (93-2-8/R-7)

WHEREAS, the Law Enforcement and Support Services Committee has prepared a report on exterior lighting needs and on security services in multi-family projects; and

WHEREAS, implementation of some of the recommendations in this report would have budgetary impact,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby refers this report to the Town Manager for his report and recommendations.

This the 8th day of February, 1993.

Council Member Capowski noted that the proposed northern park and ride lot was a very important project which would dovetail nicely with proposed NC 86 roadway improvements.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO ADOPT RESOLUTION 8. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING THE EXECUTING OR FILING, AS APPROPRIATE, OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENTS, GRANT APPLICATIONS, ANNUAL OR BIENNIAL APPLICATIONS, ANNUAL BUDGETS, AND OTHER SUCH DOCUMENTS, AS APPROPRIATE, WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PURSUANT TO RELEVANT SECTIONS OF THE FEDERAL TRANSIT ACT OF 1991, AS AMENDED (93-2-8/R-8)

WHEREAS, the North Carolina Department of Transportation receives grants from the U.S. Department of Transportation as authorized by the Federal Transit Act of 1991, as amended; and

WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for planning and provision of public transportation services; and

WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation as the agency responsible for administering funds received through the Federal Transit Act of 1991; and

WHEREAS, the contract for financial assistance will impose certain obligations upon the Town of Chapel Hill, including the provision of the local project costs; and

WHEREAS, it is required by the U.S. Department of Transportation and the North Carolina Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act of 1991, as amended, the Town of Chapel Hill, as applicant, gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation and the North Carolina Department of Transportation requirements thereunder; and

WHEREAS, it is the goal of the Town of Chapel Hill, as applicant, that Disadvantaged Business Enterprises (DBE) be utilized to the fullest extent possible in connection with the project, and that definitive procedures shall be established and administered by the Town of Chapel Hill as applicant to ensure DBEs shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant or other services.

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

1. That the Town Manager is authorized to execute and file NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budget, and other such documents, as appropriate, on behalf of the Town of Chapel Hill with the North Carolina Department of Transportation, to aid in the financing of public transportation services as described therein.

2. That the Town Manager is authorized to execute and file with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate, any assurance or any other documents required by the NCDOT effectuating the purposes of such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

3. That the Town Manager is authorized to furnish such additional information as the North Carolina Department of Transportation may require in connection with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

4. That the Town Manager is authorized to set forth and execute Disadvantaged Business Enterprise (DBE) policies and procedures in connection with all procurement needs associated with such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

5. That the Town Manager is authorized to execute grant agreements on behalf of the Town of Chapel Hill with the North Carolina Department of Transportation to aid in the financing and effectuating of the purposes of such NCDOT Grant Agreements, Annual or Biennial Applications, Annual Budgets, and other such documents, as appropriate.

This the 8th day of February, 1993.

AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 (93-2-8/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1992 as adopted on June 8, 1992 be and the same is hereby amended as follows:

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

TRANSPORTATION FUND

Operations $3,353,122 $38,516 $3,314,606

Non-Departmental

Contingency $50,784 $50,784 0

Contribution to

Capital Grant

Fund $54,758 $89,300 $144,058

This the 8th day of February, 1993.

Council Member Capowski inquired whether the Orange Community Housing Corporation would be asking for Town funding and if so, how much. Mr. Horton said he did not believe there would be a funding request, although the corporation had requested a fee waiver, expedited processing and staff assistance.

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