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

TOWN OF CHAPEL HILL, MONDAY, FEBRUARY 14, 1994 AT 7:30 P.M.

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremony

Mayor Broun recognized Bicentennial Co-Chairpersons Betty Caldwell and Nancy Preston to provide an overview of the Committee's activities. Ms. Preston reported that fifteen volunteer committee chairpersons and committee workers were working on the coordination of the Town's Bicentennial celebration, to be held on April 24th. She also invited Council Members to attend a Bicentennial Entranceway marker dedication on Thursday, February 17th at 9:30 a.m. on U.S. 15-501 near Eastowne Drive. Ms. Preston said a number of the marker's funding contributors including Dave Hanna of Resolute Building Corporation and Ed Pizer of Eastowne Associates would be recognized at the ceremony. Ms. Caldwell stated that the Committee continued to sell bicentennial merchandise including t-shirts and mugs. She added that a Town Bicentennial Activities Coordinator had been hired earlier in the day.

Item 3 Petitions

University of North Carolina Associate Vice-Chancellor Bruce Runberg requested that the Council grant an expedited review of the special use permit for the Frank Porter Graham Child Development Center. Mr. Runberg stated that if the project were not completed during the summer, there was a high probability that project funding would be lost. Don Bailey, the Center's director, said that the Development Center was experiencing a period of rapid growth due to greater statewide program training needs. Mr. Bailey requested that the Council approve the Center's request for expedited review.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON TO RECEIVE AND REFER THE PETITION.

Council Member Capowski asked why the Development Center was not served by the University's point to point shuttle. He also inquired which projects would be delayed if the Center's request for expedited review were granted. Council Member Capowski thanked Mr. Bailey for a very good presentation at a recent meeting of the Sister Cities' organization.

THE MOTION TO RECEIVE AND REFER WAS ADOPTED UNANIMOUSLY (9-0).

Joe Hakan said he was pleased to present the Council with information about the possible relocation of Lowes in the Town. Mr. Hakan said his client was seeking expedited processing of its development review application. Woody Davis, Chief Executive Officer of Pinehurst National Bank, thanked the Council for their consideration of his firm's request. He said expedited review of the application would be beneficial to all parties. Stating that Lowes was most likely well aware of the U.S. 15-501 corridor study, Council Member Capowski said he hoped the applicants would work within the bounds of this study.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun requested that the staff's follow-up report outline distinctions between the developer's application and other business applications.

Pauline Grissom, representing the Westview Neighborhood Association, submitted a petition requesting assistance with sidewalk and safety concerns in the Westview neighborhood.

Council Members Brown thanked Ms. Grissom and her neighbors for making a clear and attractive presentation of their concerns. Council Member Powell expressed her concurrence with Council Member Brown's remarks.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that a petition had been received from Dr. Charles E. Smith, requesting the installation of sidewalks along Lakeshore Drive and Rolling Road.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER DR. SMITH'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun also noted that a letter had been received from Martha Whittinghill concerning the status of the Ruth Faison Shaw property.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECEIVE AND REFER DR. SMITH'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Capowski noted that the Council had received a letter from Johnny Mariakakis outlining concerns about fire insurance and building replacement possibilities in flood plain areas. He requested that the Manager provide a follow-up report to the Council about Mr. Mariakakis' concerns. Mr. Horton inquired whether this report could be combined with the staff's overall report on flood plain matters. Council Member Capowski said yes.

Item 5 Boards, Commissions and Committees

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS TO THE CHAPEL HILL PUBLIC ARTS COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Housing and Community Development Advisory Board

Noting that the Council a number of broad housing-related issues were unresolved, Council Member Protzman suggested that the appointments might be postponed for about a month. Mayor Broun said although he shared Council Member Protzman's about public housing, he also felt it was important to have a full board complement as soon as possible. Council Member Chilton said it was important for the Housing Department to receive feedback from the Board. He added that less than a third of the Board would be public housing residents if Ms. Roberson and Ms. Edwards were appointed to the Board. Council Member Evans recommended the appointment of Ms. Council to the Board. Noting Ms. Council's long community service record, Council Member Waldorf also said she supported the appointment of Ms. Council to the Board. Council Member Powell expressed her concurrence with Council Member Evan's and Waldorf's remarks about Ms. Council. Mayor Broun said although he concurred with the good remarks made about Ms. Council's service record, the Council's Procedures Manual called for at least three public housing residents to serve on the Board. He added that Ms. Council might be appointed when a vacancy occurred in the future.

Council Member Evans suggested that the Council consider postponing the appointments until the NC 86 public housing units were occupied. Council Member Chilton said it was especially important to have good input from housing residents and other community residents. Council Member Powell asked whether there was any legal problem with postponing appointments to the Board. Town Attorney Karpinos said no. Noting that two public housing residents had applied for the current vacancies, Mayor Broun said he saw no reason to delay the appointments. Noting that public housing concerns was the largest management challenge currently facing the Town, Council Member Protzman said Ms. Edwards and Ms. Roberson might be the two best applicants to fill the current vacancies.

MARGARET EDWARDS AND DORCAS ROBERSON WERE APPOINTED TO THE HOUSING AND COMMUNITY DEVELOPMENT BOARD WITH SEVEN VOTES EACH. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Council Member Powell suggested that the Council appoint Tina Hudson to the Human Services Advisory Board.

TINA HUDSON WAS UNANIMOUSLY APPOINTED TO THE HUMAN SERVICES ADVISORY BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Item 5 Hundred Oaks Cluster Subdivision

Planning Director Roger Waldon briefly reviewed the proposed 37-lot cluster subdivision and the staff's recommendation. Mr. Waldon said staff recommended adoption of Resolution A, approving the subdivision with conditions and the without a bicycle lane along Mount Carmel Church Road.

John Hansen, the applicant, agreed to dedicate rather than reserve fifteen feet of additional right-of-way along Mount Carmel Church Road. Mr. Hansen said he hoped the Council would adopt Resolution A, approving the subdivision with conditions. He stated that constructing a bicycle path on Mount Carmel Church Road would destroy a view corridor in the area and was not a good idea due to safety considerations. Council Member Brown inquired about the steepness of a proposed bicycle pathway. Mr. Hansen said the path's grade would be about ten percent.

Mayor Broun inquired whether there would be a bikepath to the Town from the proposed subdivision. Mr. Waldon said bicyclists would be able to proceed along U.S. 15-501 through the proposed Southern Village to Culbreth and Purefoy Roads. Mayor Broun asked whether bicyclists would have easy access to the Southern Village bicycle facilities. Mr. Waldon said yes. Council Member Brown inquired about the proposed Transportation Improvement Program schedule for road widening and bike lane construction along Mount Carmel Church Road. Mayor Broun said he did not believe there was any such planned program. Mr. Horton said if there were such a project, it was unscheduled. Council Member Brown inquired about the viability of the applicant providing a payment-in-lieu for bicycle lanes. Mr. Waldon said payments-in-lieu entailed a payment to the Town pending future completion of improvements and were used for a variety of facility types. Council Member Brown inquired about the location of a proposed deceleration lane. Mr. Waldon pointed out the location of the proposed deceleration lane along Mount Carmel Church Road.

Council Member Evans said she was uneasy requesting the applicant to install a bicycle lane along Mount Carmel Church Road. She suggested that the applicant might be requested to make a payment-in-lieu for future roadway widening and related improvements. Noting that he was a frequent bicyclist, Council Member Capowski said he would not want to attempt to turn onto a bicycle path along Mount Carmel Church Road from the proposed subdivision. Mayor Broun expressed concern about requiring the applicant to pay for a bicycle path. Council Member Brown said she was suggesting that the developer provide a portion of funds for a bike path in the area as a means of addressing potential future safety problems.

Mayor Broun asked whether it would be possible to draft a resolution with a fair-share payment-in-lieu for bicycle paths. Mr. Horton said he believed it was possible to propose such a payment-in-lieu by estimating the number of bicyclists generated by the proposed development and comparing this number to the total number of bicyclists using area road facilities. Council Member Brown also inquired about the possibility of a payment-in-lieu for bus pull-offs without making the requirements too onerous for the developer.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 1A.

Council Member Brown suggested that Resolution 1a be amended to require the applicant to make a payment-in-lieu for bicycle lanes and a bus pulloff. Council Member Capowski said he could support a payment-in-lieu for a bus stop since buses would run in the area in the future. He inquired whether the Council was deferring to the Manager regarding a payment-in-lieu for a bicycle lane. Mr. Karpinos suggested that the Council request the developer's position on the matter. He suggested that the matter might be referred to staff to further explore the matter with the developer. Council Member Capowski said the cost of putting a bicycle lane on Mount Carmel Church Road was more than a 37-lot subdivision could bear. He said it was not fair to ask the developer to bear a significant portion of the costs of a bicycle lane. Council Member Protzman said he concurred with Council Member Capowski's feelings that it would not be right for the developer to carry the load for a proposed bicycle lane.

Council Member Capowski said it might be more appropriate to establish a nexus between the proposed development and a proposed bus stop. Council Member Waldorf inquired about the distance from the proposed subdivision to the closest bus stop. Council Member Brown said if there were support for a bus stop, she would propose that the developer make a payment-in-lieu for a bus stop as a friendly amendment rather than making a payment for a bicycle lane. Council Member Evans inquired about the location of the proposed bus stop for buses exiting the Town. Mr. Horton said staff had not done any design work on proposed bus stops in the area.

Council Member Evans inquired what would happen to the payment-in-lieu funds for a bus stop if the Department of Transportation did not approve the proposed bus stop site. Mr. Horton said the funds would be returned to the developer if the time limit for completion of the facilities passed. Council Member Evans inquired about the length of a typical time limit. Mr. Horton said the standard limit was no more than five years. Council Member Capowski asked whether it was possible to ask the applicant to provide a payment-in-lieu for an unspecified bus stop location to be determined by the Manager. Mr. Horton said this began to pose a legal question as much as a practical question. Mr. Hansen, the applicant, said bus stops required different improvements including shelters, benches and pull-off lanes. Mr. Hansen said he would be happy to make a $2,500 for public benefits such as a bus stop, bicycle lane or other transportation-related improvements. Mayor Broun said he favored developers making fair payments in lieu for public improvements. Mayor Broun said he thought the $2,500 payment-in-lieu suggested was reasonable.

THE MOTIONER (COUNCIL MEMBER CAPOWSKI) AND SECONDER (COUNCIL MEMBER CHILTON) AGREED TO THE FRIENDLY AMENDMENT, REQUIRING THE DEVELOPER TO PROVIDE A PAYMENT-IN-LIEU OF $2,500. RESOLUTION 1A WAS ADOPTED AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR HUNDRED OAKS CLUSTER SUBDIVISION (SD 122-B-8B) (94-2-14/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Hundred Oaks Subdivision proposed by Mr. John Hansen, on property identified as Chapel Hill Township Tax Map 122, Block B, Lot 8B; and on Tax Map 133, Block B, Lot 5, if developed according to the Preliminary Plat/Landscape Protection Plan dated June 29, 1993 (resubmitted October 12, 1993), and the conditions listed below, 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 for the final plat, a 37th lot may be created in the vicinity of the existing farmhouse near Mount Carmel Church Road, as long as the subdivision land use intensity standards continue to be met.

2. Required Improvements:

a. That a deceleration lane be added for southbound traffic on Mount Carmel Church Road at the subdivision entrance.

b. That sight distance triangles at the entrance be cleared and graded for a distance from each side of the entrance to be approved by the Town Manager and NCDOT.

c. That half of a 90-foot right-of-way be dedicated along the Mount Carmel Church Road frontage.

d. That the entrance off Mount Carmel Church Road be adjusted to accommodate preservation of the 43-inch oak.

e. That additional right-of-way be dedicated at the Bennett Road intersection, to allow for realignment and improvements of this intersection in the future. Said right-of-way location shall be approved by the Town Manager and NCDOT.

f. That the two primary internal streets be constructed to a 27-foot back-to-back cross-section with curb and gutter, and that 50 feet of right-of-way be dedicated.

g. That the streets leading to the cul-de-sacs and Y-turnarounds be constructed to a 24-foot back-to-back cross-section, and that 50 feet of right-of-way be dedicated.

h. That the centerline radius of the Y-turnarounds be increased from 75 feet to 100 feet. Final design shall be approved by the Town Manager.

i. That sidewalk be constructed along at least one side of the two main internal streets.

j. That a combined pedestrian/bicycle trail, generally utilizing the existing tractor trail, be field located from the outer pedestrian loop to the Highway 15-501/Mount Carmel Church Road right-of-way intersection. This trail shall be continued to the intersection of Mount Carmel Church Road and Highway 15-501, provided that the lack of appropriate State and Federal approvals to complete the trail connection within the public right-of-way shall not prohibit the issuance of a Zoning Compliance Permit, Building Permits, or Certificates of Occupancy.

This trail shall have an improved gravel surface and be approximately 6 feet in width to accommodate both bicyclists and pedestrians. The trail design shall include means for both pedestrians and bicycles to travel the slope between the intersection and the subdivision site; and must be reviewed for approval by the Town Manager.

k. That the landscaped median at the subdivision entrance be in compliance with NCDOT regulations and policies.

l. That the developer provide a $2,500 payment-in-lieu for the construction of a bus stop, bikelane, or other transportation-related improvement in the vicinity of the Highway 15-501/Mt. Carmel Church Road intersection.

3. That a note be added to the final plat indicating that future road improvements may be constructed within the right-of-way indicated on the plat adjacent to the subdivision.

4. Homeowners' association documentation shall be approved by the Town Manager and recorded at the Orange County Register of Deeds office concurrently with the final plat.

5. That the streets be designed and constructed to Town standards, and inspected by the Town during and after construction.

6. That a plan be provided indicating how site development will comply with the slope and buildability definitions of Article 14.4.2 Site Design.

Stipulations Related to Recreation Area and Open Space

7. That recreation space of sufficient area and type, according to Article 13 of the Development Ordinance, be provided. The plans for the recreation area(s) shall be reviewed for approval by the Town Manager, and shall indicate boundaries of the recreation area and existing and proposed vegetation.

8. That the recreation areas be deeded to the homeowners' association. These deeds shall be recorded at the Orange County Register of Deeds Office concurrently with the final plat.

9. That the pedestrian trails (within the three recreation areas and connecting the recreation areas to each other and to the streets) be field located to minimize tree damage, and that they be at least 4 feet wide, with soft surface (such as mulch), and lined with standard landscape timbers or equivalent.

10. That the trails and recreation areas be marked with appropriate signs at the entrances, to be approved by the Town Manager.

Stipulations Related to State and Federal Government Approvals

11. State or Federal Approvals: 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 for the subject phase of development.

12. Encroachment Agreements: That any required state or local encroachment agreements (for landscaping, utility line extensions, and other required improvements) be approved prior to issuance of a Zoning Compliance Permit.

13. NCDOT Approvals: 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

14. Landscape Protection Plan: That a detailed landscape protection plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.

The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:

-all required buffers

-all common areas and recreation space

-along the proposed streets.

Stipulations Related to Water, Sewer and Other Utilities

15. Fireflow: A detailed hydrant plan, and fireflow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, shall be required prior to the issuance of a Zoning Compliance Permit.

In addition, hydrant locations shall be revised as required by the Town Manager.

16. OWASA Easements: That the sewer line locations be adjusted to the satisfaction of OWASA and the Town Manager. The combined sanitary sewer and storm drainage easements, to be up to 40 feet wide, shall be cleared for a reduced width as approved by OWASA and the Town. The sanitary sewer easements, to be 30 feet wide, shall be cleared for a reduced width as approved by OWASA.

That easement documents as required by OWASA and the Town Manager be recorded before final plat or plan approval.

17. 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.

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

Miscellaneous Stipulations

19. 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.

20. Refuse Collection: That Town refuse collection, if provided subsequent to annexation, may be restricted to curbside service, and that a note to this effect be placed on the final plat.

21. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and a landscape and drainage plan for the proposed median be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Development Ordinance and the Design Manual.

22. 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.

23. Stormwater Management Plan: A detailed stormwater management plan, based on the Town's Hydros program, shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

25. 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.

26. New Street Names and Numbers: That the 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.

27. Erosion Control: That particular attention will be paid to the design, installation and maintenance of the erosion control plan. Sediment traps and runoff channels, which may entail some limited clearing and grading into the proposed open space, are to be carefully located and designed to minimize both erosion and the destruction of trees and vegetation. A detailed soil erosion and sedimentation control plan shall be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit

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

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

30. 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 for the Hundred Oaks Subdivision in accordance with the plans and conditions listed above.

This the 14th day of February, 1994.

Item 6 Michie Property Zoning

Planning Director Roger Waldon said zoning of LD-1 (one unit per acre) had been recommended for the Michie Property as part of zoning recommendations for the southern area of the Town. Mr. Waldon briefly reviewed the staff's recommendation, noting that a total of 22-48 lots could be developed on the eastern portion of the property, depending on the zoning designation approved by the Council.

Council Member Evans said she continued to support the tract's present zoning since the area had water and sewer service available. Council Member Chilton said he supported rezoning of the tract in fairness to area property owners. Council Member Chilton also said he favored the Council reconsidering its cluster subdivision regulations. Noting the importance of not violating the Town's small southern area plan or Comprehensive Plan, Council Member Capowski said he concurred with Council Member Chilton. Mayor Broun asked whether current zoning would permit a maximum of 22 lots. Mr. Waldon said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS EVANS AND PROTZMAN VOTING NO.

AN ORDINANCE TO ADJUST THE EXISTING ZONING OF THE MICHIE PROPERTY (TAX MAP 131, LOT 10) (94-2-14/O-1)

WHEREAS, on June 12, 1989 the Council of the Town of Chapel Hill adopted a Comprehensive Plan that prepared a vision for the Town's future; and

WHEREAS, on December 12, 1989 the Council of the Town of Chapel Hill adopted a resolution to develop a process and schedule for preparing small area plans to examine generally undeveloped land on the periphery of Chapel Hill, but within the Urban Services Area; and

WHEREAS, on June 23, 1992, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan for the land in the Town's extraterritorial planning jurisdiction (generally south of Morgan Creek and north of the Chatham County line) as a component of the Town's Comprehensive Plan; and

WHEREAS, one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the western portion of the Michie property (Tax Map 131, Lot 10) as shown on the attached map 1 is hereby rezoned from Residential-Low Density 1 to Residential-Low Density 5, in conformance with the Town's Comprehensive Plan.

This the 14th day of February, 1994.

Item 7 Future Annexation Opportunities

Long-term Planning Coordinator Chris Berndt provided an overview of future annexation opportunities. Council Member Brown asked what was calculated in service costs associated with annexations. Ms. Berndt said Town departments were consulted for specific costs relative to each proposed annexation. Council Member Evans inquired about other costs relative to annexation. Mr. Horton said all annexation-related costs were clearly stated to the Council.

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

A RESOLUTION ON FUTURE TOWN-INITIATED ANNEXATION EFFORTS

(94-2-14/R-2)

WHEREAS, the Council has pursued annexations on a regular basis

in order to provide for the orderly extension of municipal services to areas that are urbanizing or becoming urbanized;

WHEREAS, the Council recognizes the value of the comprehensive and orderly expansion of the Town's corporate limits; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is hereby directed to make preparations in pursuit of four Town-Initiated annexation efforts for the following areas:

* Weaver Dairy Road/Erwin Road (Areas A and B),

* Culbreth Park/Hundred Oaks (Areas A and B),

* Cobble Ridge (Areas A and B), and

* Clark Lake Road.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that Town Staff are also hereby directed to prepare a Resolution of Intent to Annex for each of these four areas for the Council's consideration in December of 1994, in pursuit of an annexation effective date of June 30, 1995.

This the 14th day of January, 1994.

Item 8 Economic Development Programs

Long-Range Planning Coordinator Chris Berndt briefly reviewed proposed guidelines for the Community Development Block Grant program. She stated that the allocation of $70,000 for economic development activities for low-income persons was proposed. Ms. Berndt added that funding for job training programs, revitalization of some business areas and a loan fund for small businesses were also proposed. She said staff was seeking general policy guidance this evening for development of specific guidelines in the future. Ms. Berndt also noted that staff was working with the Housing and Community Development Advisory Board on specific guidelines.

Council Member Protzman inquired about the possibility of using funds for housing maintenance. Mr. Horton said funds could be reprogrammed for this purpose. Council Member Waldorf said she had a strong bias towards having tangible results through programs such as a revolving loan fund for small businesses. She added that job training programs needed to have a high level of accountability and low overhead costs.

Council Member Brown requested that the staff redistribute the previous year's recommendation concerning the allocation of community development funds for economic development and housing programs. Council Member Powell said she was concerned about how the 60% median income level for community development programs had been determined. Mr. Horton said this had been based upon past guidance from the Council. Council Member Powell said she thought this was only for housing matters. Mr. Horton said staff would welcome additional guidance from the Council in this matter. Council Member Chilton said he believed the 60% guideline had been offered for housing. Council Member Powell said she preferred an 80% of median income guideline. Mr. Horton said it would be helpful for the Council to provide guidance on whether a 60% or 80% guideline was preferable. Mayor Broun said he believed it was worthwhile to look at programs for 80% of the median income or less while concentrating on lower income levels. Mr. Horton said staff could accommodate both the 60% and 80% of median income levels.

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

A RESOLUTION AUTHORIZING ADOPTION OF AN ECONOMIC DEVELOPMENT COMPONENT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

(94-2-14/R-3)

WHEREAS, the economic development goal for the Town of Chapel Hill is to provide adequate, varied and stable opportunities for livelihood and commerce to all residents; and

WHEREAS, the Council adopted a Comprehensive Plan that strives to maintain a diverse economy which enhances the productivity of residents and supports a desirable quality of life;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Economic Development Component of the Community Development Block Grant Program of February 14, 1994.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to develop application guidelines for implementing the Economic Development Component of the Community Development Block Grant Program.

This the 14th day of February, 1994.

Item 9 Apple Chill Street Fair Arrangements

Parks and Recreation Director Mike Loveman said there were several advantages to holding Apple Chill on West Franklin Street, including the provision of more booth space for vendors and smoother flow of traffic. He added that Apple Chill vendors reported that their sales were less than at Festifall. Mr. Loveman stated that staff recommended holding Apple Chill on West Franklin Street on a trial basis. He also said the Parks and Recreation Commission would normally have reviewed the matter if time had permitted. Mr. Loveman stated that an informal polling of Commission members found that Commission members did not object to the proposal.

Reverend J.R. Manley expressed concern that the Town's Apple Chill and Festifall street festivals were out of control and not serving their original purposes. Reverend Manley said he opposed moving the Apple Chill Street Festival to West Franklin Street due to its negative impact on area churches. He expressed particular concern about conflicting parking needs and the potential for violence at street festivals. Noting that he had gathered the signatures of 184 concerned persons, Reverend Manley asked the Council to consider possible damage to the area and its citizens arising from the street fair. Reverend Manley also said he could not imagine a greater inconvenience to area residents than interfering with worship services. He requested that persons supporting his views rise to be recognized by the Council.

Robert Humphreys, representing the Downtown Commission, said merchants generally favored having street fairs outside their businesses. Mr. Humphreys said he did not believe that street fairs had crowds exceeding their original intent as community events. He added that approximately two dozen people had caused problems at the 1993 Apple Chill event.

Mayor Broun inquired about the staff's concerns about public safety matters relative to street fair locations. Mr. Horton said it was generally easier to provide security for events on West Franklin Street. Council Member Powell inquired about the possibility of having a permanent street fair location between Columbia and Kenan Streets. Council Member Pavao said he liked the idea of holding street fairs on both ends of the Town. He added that the Town had an opportunity to use the parking deck plaza as an integral part of Apple Chill activities. Council Member Pavao also said he had canvassed merchants along East Franklin Street and found they liked the idea of holding a street fair outside their own businesses. Council Member Pavao said he was glad to hear that good security could provided in the area. Mr. Horton said although good security could be provided, there were no absolute safety guarantees.

Michael Davis said he had attended many of the Town's street fairs. Mr. Davis also said he felt very strongly that moving the street fair location to one permanent site would solve many problems. He added that many of the persons involved in the shooting incident following the 1993 Apple Chill event were from out-of-town. Mr. Davis also urged the Council to make full use of the Town's parking deck during future street festivals.

Council Member Capowski said the Town's street fairs have been alternated to give greater exposure to merchants on West Franklin Street. Council Member Capowski said it seemed fair to keep the fairs at their current locations.

Council Member Waldorf said there were differences between Apple Chill and events after basketball games. She stated that the Town was obliged to provide good security for sanctioned events. Council Member Waldorf said she sympathized deeply with Reverend Manley's concerns about inconveniencing persons along West Franklin Street. She inquired about the number of law enforcement officers needed at street fairs. Council Member Waldorf also inquired about the possibility of relocating the street fair as suggested by Council Member Powell. Chief Pendergraph said up to 36 or 40 officers could be used at the street fair while maintaining other operations. He added that personnel from other law enforcement agencies could be requested, if necessary. Chief Pendergraph said although he did not have an opportunity to discuss Council Member Powell's proposal with Mr. Horton, he believed it had some merits.

Council Member Chilton said he had not heard many compelling reasons to change the current handling of street fairs. He suggested that the matter be referred to staff for drafting of a new ordinance and resolution, with Apple Chill being held on East Franklin Street.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF FOR REDRAFTING OF THE RESOLUTION AND ORDINANCE.

Council Member Powell said she was not opposed to good celebrations after basketball victories. Council Member Pavão suggested that staff examine the possibility of moving the Festifall street fair location further east, to avoid conflicts with Reverend Manley's worship services and other churches in the area. Mr. Horton said staff could also examine Council Member Powell's proposal. Council Member Evans said staff could also investigate use of the public plaza during street fairs.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 Triangle Transit Authority Report

Triangle Transit Authority Executive Director Jim Ritchey said the Authority had been in operation for three years. He noted that the Authority's report to the Council primarily outlined achievements such as regional bus service and the initiation of a fixed-guideway study. Mr. Ritchey stated that the Authority had approximately $1.5 million in fund balance available to match with federal grant funds.

Mayor Broun said it was a pleasure and honor to serve on the Triangle Transit Authority Board of Directors. He stated that the Authority's bus service was exceeding expectations. Council Member Capowski inquired about expansion of bus routes to provide Triangle-wide bus service. Mr. Ritchey said TTA was currently negotiating an agreement with the transit union concerning Triangle-wide transit service. He added that Triangle-wide service would not be available until late 1995 or early 1996. Council Member Capowski expressed his enthusiasm for moving ahead with the fixed guideway study as soon as possible. Council Member Chilton inquired about the possibility of providing commuter van service between the Town and Hillsborough.

Council Member Brown asked how elected officials would be involved in the fixed guideway process. Mr. Ritchey said the Authority hoped to reach an overall consensus on the matter by working with local elected officials and the State of North Carolina in concert. Mr. Ritchey said the Authority would keep local, state and national officials closely apprised of the fixed guideway process. Council Member Brown asked how smaller and middle-sized buses were working compared to larger buses. Mr. Ritchey said the Authority had bought middle-sized buses on relatively inexpensive chassis. He stated that these buses were operating adequately although they did periodically pose significant operational problems such as transmission difficulties. Mr. Ritchey added that the smaller buses had a typical life cycle of 12 to 15 years. He also noted that some trips on smaller buses were limited to standing room only.

Item 11 Report by Orange County Economic Development Commission

Orange County Economic Development Commission Director Ted Abernathy said the "Shop Orange First" program continued, with retail sales having risen significantly in the last year. Mr. Abernathy presented a brief overview of the Commission's activities including a review of commercially-zoned vacant land in Orange County. He stated that the Towns of Hillsborough and Mebane had approximately 70% of the vacant commercial land in Orange County. Mr. Abernathy also briefly reviewed the status of economic development districts, noting that those proposed were generally located along the Interstate 85 corridor. He stated that Orange County Commissioners were scheduled to vote on proposed Economic Development Districts at their March 1st meeting.

Council Member Brown inquired about the relationship between the creation of economic development districts and residential development. Mr. Abernathy said he believed that residential growth would average about two percent per year. He stated that approximately 40% of Orange County residents were employed outside of Orange County. Council Member Brown said commercial districts could have some needs for additional housing. Mr. Abernathy noted that the Town of Cary's growth rate was 5-7 times that of the Town and Orange County. He added that 1,000 acres of the 196,000 undeveloped acres in Orange County were zoned commercial. Mr. Abernathy said residential growth costs were much higher than commercial growth costs due to the need for schools. He added that approximately 80% of commercial growth followed residential growth.

Council Member Capowski inquired about the possible impact of economic development districts on the Town. Mr. Abernathy said although he thought the Town would continue to grow, there was relatively little room to do so. He added that the cost of housing in the Town had increased markedly in recent years. Mr. Abernathy also said the focus of commercial activity would give a good idea of where things would happen in the future.

Council Member Brown inquired about the opportunity for input in the event that economic development districts were adopted by the Orange County Commissioners. Mr. Abernathy said the County had a design manual for persons interested in economic development districts. He stated that interested persons needed to provide traffic and environmental impact studies to the County. Mr. Abernathy expressed hope that Council Members would be able to attend a tour of local businesses to be offered by the Commission in the near future.

Item 12 Consent Agenda

Council Member Capowski requested removal of item e.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEM E. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(94-2-14/R-5)

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 10, 15 and 18, 1994.

b. Scheduling joint planning public hearing dates (R-6).

c. Granting utility easement to Orange Water and Sewer Authority (R-7).

d. Administrative approval for certificates of appropriateness (O-3).

e. Referral of regional bicycle plan to advisory boards

(R-8).

f. Rosemary Street Parking Deck policy changes (O-4).

g. Adoption of national fire protection standards (O-5).

h. Salary increases for lowest-paid employees (R-8.1)

i. Appointments to Citizen's Energy Task Force (R-9).

This the 14th day of February, 1994.

A RESOLUTION REQUESTING JOINT PLANNING PUBLIC HEARING DATES

(94-2-14/R-6)

WHEREAS, the Town of Chapel Hill is a party to a Joint Planning Agreement with Carrboro and Orange County; and

WHEREAS, the Joint Planning Agreement calls for Joint Public Hearings to consider changes to the Land Use Plan and zoning for the Joint Planning Area;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests that Joint Public Hearings with the Orange County Commissioners be scheduled for April 14, 1994 and October 13, 1994, at 7:30 p.m., at a location to be determined by Orange County.

This the 14th day of February, 1994.

A RESOLUTION AUTHORIZING THE GRANTING OF THREE UTILITY EASEMENTS TO THE ORANGE WATER AND SEWER AUTHORITY TO SERVE THE SOUTHERN VILLAGE LTD. PARTNERSHIP LAND (94-2-14/R-7)

WHEREAS, the Orange Water and Sewer Authority (OWASA) requires the dedication and recording of utility easements as part of its approval of water and sewer line extensions; and

WHEREAS, the Southern Village plans include a sewer connection between the Southern Village and the existing sewer line in the Culbreth Park community; and

WHEREAS, granting this easement would allow orderly extension of utilities; and

WHEREAS, OWASA requires that an easement be dedicated and recorded for the construction of this proposed connection for the Southern Village;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to execute and record a utility easement in the Town owned land at Culbreth Park Community as shown on the attached sketch.

This the 14th day of February, 1994.

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE TO ESTABLISH THE AUTHORITY FOR ADMINISTRATIVE APPROVAL OF CERTAIN CERTIFICATES OF APPROPRIATENESS (94-2-14/O-3)

WHEREAS, the Chapel Hill Development Ordinance does not authorize administrative approval of certain minor changes in the historic districts; and

WHEREAS, it is necessary for the Development Ordinance to specifically grant the authority for administrative approval of certain Certificates of Appropriateness if this procedure is going to be used; and

WHEREAS, it is desirable that the Town Manager be authorized to approve certain Certificates in order to expedite approval of certain minor projects;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that Article 6 of the Chapel Hill Development Ordinance is hereby amended as follows:

ARTICLE 6 HISTORIC DISTRICT

NOTE: NCGS 160A‑400.1 to .14 authorize historic district regulations.

6.1 Intent

The Historic District is intended to protect and conserve the heritage and character of the Chapel Hill community by providing for the preservation of designated areas within the planning jurisdiction, including individual properties therein that embody important elements of social, economic, political, or architectural history, and by promoting the stabilization and enhancement of property values throughout such areas.

It is intended that these regulations ensure, insofar as possible, that buildings or structures in the Historic District shall be in harmony with other buildings or structures located therein. However, it is not the intention of these regulations to require the reconstruction or restoration of individual or original buildings, or to prohibit the demolition or removal of such buildings, or to impose architectural styles from particular historic periods, but rather to encourage design whether contemporary or traditional, which is harmonious with the character of the Historic District.

6.2 Establishment of Historic District

The Historic District is hereby established as a district which overlays other zoning districts established in Article 3. The boundaries of the Historic District are as shown on the official Zoning Atlas.

No new historic district or any change to the boundaries of any existing historic district shall be designated until the North Carolina Department of Cultural Resources shall have been given an opportunity, in accord with Chapter 160A, Article 19, Part 3C of the N.C. General Statutes, or its successor statutes, to make recommendations with respect to the establishment of such new district or change in the boundaries of an existing district.

The use and development of any land or structure within the Historic District shall comply with use regulations and intensity regulations applicable to the underlying zoning district.

DOCR: Articles 12, uses in various zones

13, intensity regulations

17, subdivisions

18, special uses

19, site plan, master plan and sign plan review

20, amendments including rezoning

6.3 Certificate of Appropriateness Required

No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate or Appropriateness as to exterior architectural features has been ~~submitted to and~~ approved ~~by the Historic District Commission~~.

For purposes of this article, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, "exterior architectural features" shall be construed to mean the style, material, size, and location of all such signs.

Such a Certificate of Appropriateness shall be issued ~~by the Commission~~ prior to the issuance of a Zoning Compliance Permit or any other permit granted for purposes of constructing, altering, or demolishing buildings or structures. A Certificate of Appropriateness shall be required whether or not a Zoning Compliance Permit is required. Any Zoning Compliance permit or other permit not issued in conformity with this section shall be invalid.

The Town and all public utility companies shall be required to obtain a Certificate of Appropriateness prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, structures, and buildings on property, easements, or streets owned or franchised by the Town of Chapel Hill or public utility companies.

A. Certificate of Appropriateness may be approved by either the Town Manager or the Historic District Commission. A Certificate of Appropriateness application may be reviewed and approved by the Town Manager according to specific review criteria contained in State law and guidelines approved by the Commission when the application is determined to involve minor work. Minor works are defined as those exterior changes that do not involve any substantial alterations, and do not involve additions or removals that could impair the integrity of the property and/or the district as a whole. Such minor works shall be limited to those listed in the Commissions's Rules of Procedure. No application involving a minor work may be denied without the formal action of the Commission. Ordinance requirements for notification of affected property owners must be met for all applications.

6.4 Certain Changes Not Prohibited

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Historic District that does not involve a change in design, material, or outer appearance thereof, or to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature that the Building Inspector or similar official shall certify is required by the public safety because of unsafe or dangerous condition.

On the basis of preliminary sketches or drawings and other supporting data, the Town Manager may exempt from requirements for a Certificate of Appropriateness projects involving the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or outer appearance thereof. The Town Manager shall notify the Commission of all such exemptions.

6.5 Procedures for Approval of Certificates of Appropriateness

6.5.1 Application Submittal Requirements

Applications for Certificates of Appropriateness shall be filed with the Town Manager. The Town Manager shall prescribe the form(s) on which applications are made, as well as any other material which may reasonably be required to determine the nature of the application.

The Commission may specify criteria for situations in which the Town Manager may waive any of the application material requirements.

No application shall be accepted by the Town Manager unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

6.5.2 Notification of Affected Property Owners

Prior to approval or denial of an application for a Certificate of Appropriateness by the Historic District Commission, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.

6.5.3 Public Hearing

In cases where the Commission deems it necessary, it may hold a public hearing concerning the application.

6.5.4 ~~Commission~~ Action on the Application

Within sixty (60) days of the acceptance of an application, or within such further time consented to by written notice from the applicant, the Town Manager or the Commission shall take action on the application. Such action shall be based upon the review criteria established in Section 6.6 of this article, and shall be one of the following:

a) Approval

b) Approval subject to conditions

c) Denial

Failure ~~of the Commission~~ to take final action on an application within the prescribed time limit, or extensions thereof, shall result in approval of the application as submitted.

The Town Manager or the Commission may impose such reasonable conditions on the ~~its~~ approval of an application as will ensure that the spirit and intent of this article are achieved.

An application for a Certificate of Appropriateness authorizing the demolition of a building or structure within the Historic District may not be denied. However, the effective date of such a certificate may be delayed for up to three hundred and sixty-five (365) days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the Commission finds that the building has no particular significance or value toward maintaining the character of the Historic District, it shall waive all or part of such period and authorize earlier demolition or removal.

NOTE: NCGS 160A‑400.14 authorizes the 365‑day delay.

In every case, the record of the Commission's action shall include the reasons for its action.

6.5.5 Actions Subsequent to Decision

The Town Manager shall notify the applicant of ~~the Commission's~~ a decision in writing, and shall file a copy of it with the Town's Planning Department. If the application is denied, the notice shall include the reasons for such action.

6.5.6 Appeal of Decision

A decision by the Commission on an application for a Certificate of Appropriateness may be appealed to the Board of Adjustment in accord with the provisions of Article 24.

DOCR: Section 24.4 re appeal and variance procedures.

6.5.7 Submission of New Application

If the Commission denies an application for a Certificate of Appropriateness, a new application affecting the same property may be submitted only if substantive change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.

6.6 Review Criteria

In considering an application for a Certificate of Appropriateness, the ~~Commission~~ review shall take into account the historical and/or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure.

The ~~Commission~~ review shall not consider interior arrangement or use. The Commission, using the criteria below, shall make findings of fact indicating the extent to which the application is or is not congruous with the historic aspects of the Historic District.

The following criteria shall be considered, when relevant, by the Commission in reviewing applications for a Certificate of Appropriateness:

a) The height of the building in relation to the average height of the nearest adjacent and opposite buildings.

b) The setback and placement on lot of the building in relation to the average setback and placement of the nearest adjacent and opposite buildings.

c) Exterior construction materials, including texture and pattern.

d) Architectural detailing, such as lintels, cornices, brick bond, and foundation materials.

e) Roof shapes, forms, and materials.

f) Proportion, shape, positioning and location, pattern, and size of any elements of fenestration.

g) General form and proportions of buildings and structures.

h) Appurtenant fixtures and other features such as lighting.

i) Structural conditions and soundness.

j) Architectural scale.

This the 14th day of February, 1994.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES TO PROVIDE FOR METERED PARKING ON HENDERSON STREET AND TO DESIGNATE A FIRE LANE ‑ NO PARKING AREA IN THE ALLEY AROUND THE ROSEMARY STREET PARKING DECK (94‑2‑14/O-4)

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHAPEL HILL:

Section I

That Section 21‑27.2.1 "Judicial/Post Office Parking" is amended to read as follows:

The west side of Henderson Street from a point 140 feet north of Franklin Street to a point 260 feet north of Franklin Street shall be reserved as Judicial Official parking, between 7:00 a.m. and 5:00 p.m., Mondays through Fridays at locations authorized by the Manager and designated by appropriate signs and/or markings; and parking shall be prohibited in said area during the times and days noted above without a special permit as authorized below.

The Manager is authorized to issue special Judicial Official permits to District Court Officials which allows the permit holder to park vehicles, displaying such permits, in the designated spaces where parking is otherwise prohibited.

Section II

That Section 21‑27.1 of the Town Code of Ordinances, "No Parking During Certain Hours" is amended by adding the following:

Street Side From To

Henderson Street West North Street 160' north of

Rosemary St.

Section III

That subsection 21‑29 (g) of the Town Code of Ordinances, "Parking Meter Zones," is amended to read as follows:

(g) Henderson Street, west side:

Fifteen‑minute parking from a point 39 feet north of East Franklin Street to a point 80 feet north of East Franklin Street. Two‑hour parking from the point 80 feet north of East Franklin Street to the intersection with Rosemary Street.

Section IV

That Section 21‑20.2 (a) "Fire Lanes" is amended by adding the following:

Name Description Length Width

Parking Deck Running south from Rosemary 640' 12'

Alley Street from a point 461'

west of Henderson Street,

148' then east for 352',

then north 140' to a point

on Rosemary Street 108' west

of Henderson Street (See

Attachment II)

Section V

That Section 21‑20.4 "Restrictions on the use of certain public alleys" is hereby deleted.

This the 14th day of February, 1994.

AN ORDINANCE ADOPTING CURRENT FIRE CODES BY REFERENCE 94-2-14/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends Chapter 7 of the Town Code as follows:

SECTION I

Amend Section 7-15 of the Town Code to read as follows:

(c) The National Fire Protection Association's National Fire Code, Volumes 1-12, 1993 edition are hereby adopted by reference as technical ordinances.

SECTION II

All ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the 14th day of February, 1994.

A RESOLUTION AUTHORIZING THE MANAGER TO INCREASE THE PAY OF CERTAIN EMPLOYEES (94-2-14/R-8.1)

WHEREAS, the Town's Classification and Pay Plan authorizes a hiring rate of $13,942; and

WHEREAS, $13,942 is below the federal poverty rate for a family of four of $14,549; and

WHEREAS, the hiring rates of area governmental employers is $14,549 or above; and

WHEREAS, the Town desires to remain competitive in its pay rates.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to adjust the salaries of 6 probationary employees whose current salaries are $13,942 to $14,649, and to adjust the salaries of 4 employees who have completed probation, whose current salaries are between $14,779 and $14,934, up to $15,517. Effective date: February 14, 1994.

This the 14th day of February, 1994.

A RESOLUTION SCHEDULING CONSIDERATION OF APPOINTMENTS TO THE CITIZENS' ENERGY TASK FORCE (94-2-14/R-9)

Be it hereby resolved that the Council of the Town of Chapel Hill will schedule for its March 16, 1994 meeting the consideration of appointments to the Citizens Energy Task Force.

This is the 14th day of February, 1994.

Council Member Capowski said he strongly advocated the use of bicycles. He also inquired about the possibility of providing educational information to incoming UNC freshmen about bicycles in their orientation materials. Council Member Chilton noted that the University provided a document about bicycle registration but not about bicycle safety.

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

A RESOLUTION DIRECTING THAT THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA REGIONAL BICYCLE PLAN BE REFERRED TO THE TRANSPORTATION BOARD, PLANNING BOARD, BICYCLING ADVISORY COMMITTEE AND GREENWAYS COMMISSION FOR THEIR REVIEW AND RECOMMENDATIONS FOR ADOPTING THE PLAN AS PART OF THE TOWN OF CHAPEL HILL COMPREHENSIVE PLAN

(94-2-14/R-8)

WHEREAS, the Transportation Advisory Committee has adopted the Regional Bicycle Plan; and

WHEREAS, the Regional Bicycle Plan has been referred to local governments for implementation; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Durham-Chapel Hill-Carrboro Urban Area Regional Bicycle Plan be referred to the Transportation Board, Planning Board, Bicycling Advisory Committee and Greenways Commission for their review and recommendations for adopting the Plan as part of the Town's Comprehensive Plan.

BE IT FURTHER RESOLVED that the Education and Enforcement component of the Plan be referred to the Chapel Hill-Carrboro school system for their review and possible incorporation into bicycle safety curricula.

This the 14th day of February, 1994.

There was no need for an Executive Session. The meeting concluded at 10:45 p.m.