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

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, APRIL 11, 1994

Mayor Broun called the meeting to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Barbara Powell, Jim Protzman and Rosemary Waldorf. Council Member Lee Pavão was absent excused. 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 Ceremonies

Mayor Broun presented a resolution recognizing the University of North Carolina Women's Basketball team, recognizing their achievement as NCAA Basketball champions.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION BY THE MAYOR AND TOWN COUNCIL OF CHAPEL HILL HONORING THE UNIVERSITY OF NORTH CAROLINA WOMEN'S BASKETBALL TEAM FOR THEIR NATIONAL CHAMPIONSHIP IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S 1994 TOURNAMENT (94-4-11/R-1)

WHEREAS, the Tar Heels completed the 1993-94 Season with an overall record of 33-2, the best record in college basketball in the United States of America; and

WHEREAS, the Tar Heels achieved a record of 14-2 in the Atlantic Coast Conference, and the Tar Heels won the 1994 ACC Tournament; and

WHEREAS, On Sunday, April 3, 1994, the UNC Tar Heels defeated Louisiana Tech 60-59 in the finals of the NCAA Final Four in Richmond, Virginia; and

WHEREAS, the UNC Tar Heels have demonstrated for the entire nation their talent, teamwork and excitement in the highest tradition of our University and Town; and

WHEREAS, UNC is truly The University of National Champions;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Chapel Hill that the Council hereby praises and congratulates the

UNIVERSITY OF NORTH CAROLINA WOMEN'S BASKETBALL TEAM

for their dramatic victory to win the national championship in the 1994 NCAA tournament.

This the 11th day of April, 1994.

Bicentennial Committee Co-Chairperson Nancy Preston said the Chapel Hill Revisited events would take place on Sunday, April 24th. Ms. Preston stated that a wonderful day of activities were planned including house and garden tours, an art show and a parade. She noted that an opening of Bicentennial events had been held on April 7th at the Horace Williams House. Ms. Preston also stated that two books recognizing the Town's Bicentennial were on sale at Town Hall and local bookstores at a cost of $5 and $10. She thanked local financial institutions, especially NationsBank, for underwriting the two books.

Victoria Tackett said five different play-type programs depicting the Town's 200 year history would be held at a variety of venues around the Town through April 24th. She presented a brief overview of the content of each of the programs.

Bicentennial Committee Co-Chairperson Betty Caldwell said that tickets were on sale for the Hillzapoppin' concert on April 24th at a cost of $3 each. Ms. Caldwell stated that tickets were available at the Intimate Bookstore and the UNC Student Union.

She noted that local entertainers, singers and dancers would participate in the concert.

Item 3 Petitions

Margaret Brown stated that Earth Day would be recognized on Saturday, April 23rd. She invited the Mayor and Council Members to attend a variety of local events related to Earth Day. Council Member Brown inquired how long Ms. Brown's organization had been in existence. Ms. Brown said the organization had recently been formed.

Noting that he had recently been contacted by several members of Citizens for Sewers, Council Member Capowski said these citizens were concerned that OWASA was not moving ahead quickly enough with the provision of sewer services to several Town neighborhoods. He requested that staff provide a monthly report to the Council on the status of sewer installation in these neighborhoods. Mayor Broun said he thought it was a good idea for staff to work with OWASA on this matter. Council Member Powell requested that OWASA provide a timetable on project delays to date. She also suggested that Town staff monitor the progress of individual projects to make certain they were proceeding in a timely fashion. Mayor Broun said the Mayor's Committee on OWASA Matters needed to be included in this process. Mr. Horton said staff could provide a monthly report and project timetable as requested by the Council.

Item 4 Boards and Commissions

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO APPOINT DAVID LENT-BEWS AND MURALI DORAISWAMY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO APPOINT ALL SIX APPLICANTS TO THE CITIZEN'S ENERGY TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 WUNC Building and Tower SUP

Planning Director Roger Waldon briefly reviewed the Manager's recommendation, noting that lighting of the tower was not proposed since it was less than 200 feet high. He stated that adoption of Resolution 1a was recommended. Teresa Crossland, the applicant's representative, indicated that the proposed conditions of approval were acceptable.

Council Member Evans inquired about security around the proposed tower. Mr. Horton said the applicant would handle these concerns in association with the project's conditions of approval.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 2A.

Council Member Capowski inquired about the possibility of adding conditions of approval pertaining to lighting of the tower and minimizing the number of communications towers in the area. Mr. Horton said Town staff could encourage, but not require cooperation relative to the number of towers in the area. Council Member Portzman said discussions on the matter were underway. Ms. Crossland, the applicant's representative, said this was correct. Town Attorney Karpinos said he saw nothing wrong with the Council encouraging continuation of these discussions.

RESOLUTION 2A WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE WUNC RADIO STATION AND TOWER (94-4-11/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, submitted by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 66, Lot 12, if developed according to the site plan dated October 6, 1993 and the conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, 14, and 18, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and would be a public necessity; and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the WUNC Radio Station and Tower, in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by April 11, 1996 (two years from the date of Council approval) and be completed by April 11, 1997 (three years from the date of Council approval).

Stipulations Related to Landscape Elements

2. Landscape Plan Approval: That a detailed landscape plan and landscape maintenance plan, and lighting plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

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

Stipulations Related to Water, Sewer and Other Utilities

4. Fire Hydrants: That the applicant provide certification to be approved by the Town Manager that piping for fire protection provides a minimum residual pressure of at least 20 pounds per square inch when 2,500 gallons per minute of fire flow is withdrawn from any hydrant.

5. Utility Plan Approval: That the final utility plan be approved by Orange Water and Sewer Authority and the Town Manager before issuance of a Zoning Compliance Permit. Electric and telephone service to be provided by UNC.

Miscellaneous Stipulations

6. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and plan for management of construction debris, be approved either by the University's Recycling Coordinator or by the Town Manager prior to the issuance of a Zoning Compliance Permit.

7. Building Elevations: That building elevations be approved by the Appearance Commission prior to the issuance of a Zoning Compliance Permit.

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

9. Erosion Control: That a soil erosion and sedimentation control plan be approved by the NC Department of Environment, Health, and Natural Resources before issuance of a Zoning Compliance Permit.

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

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

12. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the WUNC Radio Station and Tower in accordance with the plans and conditions listed above.

This the 11th day of April, 1994.

Item 6 Mill Race Subdivision Preliminary Plat

Planning Director Roger Waldon said twenty-five lots were proposed on thirteen acres. He added that the Manager recommended adoption of Resolutions 3a, b and d.

Council Member Protzman inquired about site access to the Bolin Creek Greenway. Mr. Waldon said the primary access would be from Hillsborough Street. He added that Resolution D directed the staff to work with the applicant to acquire an easement for access to the greenway. Council Member Protzman asked whether the proposed access would be principally for the benefit of residents of the proposed subdivision. Mr. Waldon said this was correct. Council Member Powell inquired about other possible access to the greenway. Mr. Waldon said staff was exploring other possibilities for access to the greenway. Council Member Brown inquired whether the applicant's original plans had shown a proposed easement to the greenway. Mr. Waldon said yes, adding that the applicant was willing to keep the easement on the plans if directed to do so by the Council. He added that an extra paragraph (the second paragraph) had been inadvertently included in condition number ten of Resolution 3b. Mr. Smyre, the applicant's representative, said the applicant concurred with the proposed conditions of approval in Resolution 3b.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Evans said she preferred that the easement to the greenway remain intact primarily as a connection to adjoining residential neighborhoods. Council Member Protzman said although he concurred with Council Member Evans on this matter, he was not sure that opening up the neighborhood for access was necessary.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 3A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DECLINING ACCEPTANCE OF OFFERED RECREATION AREA AND PEDESTRIAN EASEMENT FOR MILL RACE (81-A-2) (94-4-11/R-3a)

WHEREAS, 2.456 acres of recreation area and pedestrian easement were dedicated to the Town of Chapel Hill at time of recordation of the Mill Race boundary survey/plat dated December 12, 1985 (revised January 16, 1986), in Plat Book 43, Page 132 in the Orange County Register of Deeds Office; and

WHEREAS, the dedicated recreation area and pedestrian easement were never deeded to or accepted by the Town of Chapel Hill; and

WHEREAS, the Mill Race site was not subsequently developed for residential use; and

WHEREAS, declining the offered recreation area and pedestrian easement would not be contrary to the public interest; and

WHEREAS, the offered recreation area and pedestrian easement are unnecessary for existing needs; and

WHEREAS, a preliminary plat application for Mill Race Subdivision has been submitted for approval which indicates house lots in the affected area and indicates more than sufficient recreation area and pedestrian easements in different locations on the site;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the offer to the Town of the previously platted recreation area and pedestrian easement of approximately 2.456 acres on property identified as Chapel Hill Township Tax Map 81, Block A, Lot 2 is hereby declined. The final plat for the newly proposed Mill Race Subdivision shall be recorded by Mr. Rolf Sass in the Orange County Register of Deeds Office pursuant to approval of the preliminary plat by the Town Council, and the final plat, to be approved by the Town Manager, shall reflect this action.

This the 11th day of April, 1994.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 3C.

Council Member Capowski inquired about the topography across the possible easement. Mr. Horton said it was quite steep. Council Member Capowski asked whether the access would be walkable. Mr. Waldon said railroad ties would need to be installed if a formal path were to be created. Council Member Capowski asked whether Resolution c did not require construction of a formal path. Mr. Waldon said this was correct. Council Member Capowski inquired about the possibility of a bikeway in the area. Mr. Waldon said this was very unlikely.

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

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR MILL RACE SUBDIVISION (SD 81-A-2) (94-4-11/R-3c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Mill Race Subdivision proposed by Sass Properties, Inc., on property identified as Chapel Hill Township Tax Map 81, Block A, Lot 2, if developed according to the Preliminary Site Plan dated July 27, 1993 (revised February 3, 1994), and the conditions listed below, would comply with the Development Ordinance.

The approval of this preliminary plat application is predicated on the Town Council's declining of the previously offered recreation area and pedestrian easement of approximately 2.456 acres on this site. The declining of recreation area and pedestrian easement may be effected by recordation of a final plat which, through notation and graphic representation, indicates the removal of all present pedestrian easements and recreation area on this zoning lot, and indicates the dedication of pedestrian easements and recreation in the locations described in this preliminary plat application.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. Required Improvements:

a. That half of a 60-foot right-of-way be dedicated along the Hillsborough Street frontage.

b. That from the subdivision entrance to the intersection of the two internal street, the primary street be constructed to a 27-foot back-to-back cross-section, with curb and gutter and sidewalk, and that 50 feet of right-of-way be dedicated.

c. The remainder of the internal street network be constructed to a 27-foot back-to-back cross-section, with curb and gutter and sidewalk, and that 50 feet of right-of-way be dedicated; or

that the remainder of the internal street network be constructed to a 24-foot back-to-back cross-section, with curb and gutter and sidewalk, and that 50 feet of right-of-way be dedicated; and a note be added to the final plat which states that the Town reserves the right to prohibit on-street parking to maintain emergency and service vehicle access.

d. That the streets be designed and constructed to Town standards.

e. That the proposed T-turnarounds be revised to provide sufficient maneuvering space for service and emergency vehicles.

The adjacent driveways shall be reconfigured or relocated to avoid conflicts with catch basins and sewer manholes.

f. That the entrance off Hillsborough Street be carefully located and designed to provide safe egress and ingress to the subdivision. If this entails grading of the existing embankment, that every effort be made to minimize damage and removal of existing trees in the vicinity.

g. That the 10-foot pedestrian easement across Lot 9 be shown on the final plat, labelled "for future pedestrian path, if required by the Town". No signage shall be required for this pedestrian easement initially. However, the Town may, at a later date, require signage here.

h. That the final plat indicate direct access to Hillsborough Street is prohibited for Lots 22-25.

i. That the all the pedestrian easements shown on the plans be shown on the final plat (see condition #10 for required labelling of the easements).

j. That sidewalk be provided from the subdivision entrance northward along the Hillsborough Street frontage.

k. That from the subdivision entrance southward, a hard-surface pedestrian path be provided along the Hillsborough Street frontage. This path shall be at least 4 feet wide, and shall be field-located to avoid drainage and erosion problems and to minimize damage to existing trees. If possible, the path should be visible from the street. Ramps or stairs must be provided as necessary to allow pedestrians to gain access to street level.

l. That the final plat, showing the abandonment of previously dedicated water and sewer easements, and establishment of new water and sewer easements, be reviewed for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

2. 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.

3. That a plan be provided indicating how site development will comply with the slope and buildability definitions of Article 14.4.2 Site Design prior to issuance of a Zoning Compliance Permit.

In addition, the final plat shall show for each lot the buildable area outside the building setbacks, the Resource Conservation District, and slopes of over 25%.

Stipulations Related to the Resource Conservation District

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

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

6. Setbacks for Preliminary Plat Applications: That any restrictive covenant applicable to lots adjacent to the Resource Conservation District not require greater setbacks than those required by the Development Ordinance.

7. Buildable Lots for Preliminary Plat Applications: That no lot be created that would require a Resource Conservation District Variance in order to build upon.

Stipulations Related to Recreation Area and Open Space

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

9. That the pedestrian paths, pedestrian easements, and recreation areas be marked with appropriate signs at the entrances, to be approved by the Town Manager.

10. That the pedestrian easements be clearly labelled on the final plat "for public, non-motorized vehicle, and motorized wheelchair access".

No sign shall be initially required for the 10-foot pedestrian easement across Lot 9. However, the Town may, at a later date, require signage here.

11. That the proposed private pool, gazebo, and bathhouse, if desired by the applicant, undergo Site Plan Review for approval by the Planning Board, and shall not be considered a part of the preliminary plat approval by Town Council.

Stipulations Related to State and Federal Government Approvals

12. 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.

13. 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.

14. 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

15. 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:

- the required buffer along Hillsborough Street,

- all common areas and recreation space, and

- along the proposed streets.

Stipulations Related to Water, Sewer and Other Utilities

16. 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 plans as required by the Town Manager.

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 refuse collection 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) 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; not 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 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 Mill Race Subdivision in accordance with the plans and conditions listed above.

This the 11th day of April, 1994.

Item 7 Quality Growth Strategy

Council Member Brown emphasized the importance of addressing sprawling land use in Orange County. She stated that the Committee on Quality Growth Strategy had worked hard to identify a democratic process for handling future growth in Orange County. Council Member Brown said she hoped the Council was willing to proceed with the matter this evening.

Council Member Capowski asked whether the Committee was seeking $50,000 plus staff time from the four local governments. Council Member Brown said the Managers of the four local governments were being asked to make recommendations concerning funding and staffing for the proposed program. Council Member Capowski inquired whether the Committee would have a proposed sunset date or would be an ongoing standing committee. Council Member Brown said the concept was to bring together a group of citizens for approximately one year to make recommendations pertaining to growth strategies.

Council Member Waldorf said although she supported the concept in principle, it was very important for all local elected bodies to talk the matter out before empowering a steering committee to move ahead on the proposals. Council Member Brown said several members of the task force had met with a national planning expert on the proposed process. She stated that it would be possible to add a facilitated meeting at the beginning of the planning process.

Council Member Evans said although she was a strong proponent of coordinated planning throughout Orange County, she had a lot of hesitancy with the proposed process. Council Member Evans also stated that she was uncomfortable with the proposed procedure for committee member selection. She suggested that the Council have more opportunities to discuss the proposal before taking action on the matter.

Council Member Brown said the proposed process had been presented to the Council in January, 1994. She noted that a few clarifying steps had been added to the process since then, including participation by elected officials. Council Member Brown also said the task force had a great deal of discussion about the selection of the committee and recommended that elected bodies select task force members.

Mayor Broun express his strong support for coordinated planning and sustainable development. Noting the scope of the proposed program, Mayor Broun said he could not imagine completing all of the committee's work plan within one year. Mayor Broun also said he would be much more comfortable starting the planning process with a facilitated meeting of local elected officials.

Council Member Chilton said citizens had a right to expect a plan of what would be done. He stated that the proposed process was not a bad one. Council Member Chilton also emphasized the importance of consensus building.

Noting that some controversial and costly issues were being considered, Council Member Waldorf suggested that the first step be for local elected officials to have a joint discussion about the proposal. Council Member Chilton said this might be the best way to proceed. Noting the possible difficulty in attaining agreement among four governing bodies, Council Member Brown said she feared this step might bog the entire process. Council Member Waldorf noted that the Council had been elected by a democratic process. Council Member Brown said she thought the proposed meeting of the Assembly of Governments should be a facilitated meeting.

Council Member Capowski expressed concern that the current proposal was too vague. He stated that the Assembly of Governments meeting mechanism had generally not worked very well in the past.

Mayor Broun said he was not sufficiently comfortable with the proposed plan. He emphasized the importance of receiving input from elected officials on the proposal.

Council Member Protzman said although the idea of creating a livable community was critical, he was leery of all new committees since they tended to proliferate. He suggested that the Town's Planning Board examine the proposal and report back to the Council.

Noting that she thought the proposed process was a good one, Council Member Brown said she welcomed suggestions on how to proceed with the matter in a timely fashion. Mayor Broun inquired whether there had been staff input in the proposed budget. Council Member Brown said the proposed budget would be reviewed by staff from all four governing bodies. Mr. Horton said the managers had not had an opportunity to review the proposed budget to date.

COUNCIL MEMBER WALDORF MOVED THAT THE FOUR LOCAL GOVERNING BODIES MEET TOGETHER SOON TO DISCUSS LONG-RANGE PLANNING IN ORANGE COUNTY AND THE SPECIFIC PROPOSAL BEFORE THE COUNCIL THIS EVENING. COUNCIL MEMBER CHILTON SECONDED THE MOTION, AMENDING THE INITIAL MOTION TO REFER THE MATTER TO STAFF FOR A FOLLOW-UP REPORT.

Council Member Brown emphasized the importance of holding a facilitated Assembly of Governments meeting as soon as possible.

Council Member Waldorf accepted the proposed friendly amendment.

Council Member Capowski asked what fruits were expected from the joint meeting. Council Member Waldorf said the meeting could be used to decide a process on a county-wide basis. Council Member Evans suggested that area Planning Boards might be the best groups to address the matter before the Council.

Noting the importance of developing a vision for the entire county, Council Member Brown said it was critical to involve all interested persons in the decision-making process.

Council Member Powell asked whether any other local government bodies had discussed or approved the proposal. Council Member Brown said although none of the bodies had approved the proposal, the other three local governing bodies would be discussing the proposal during the next few weeks.

Noting that she had a number of substantive concerns about the proposal, Council Member Powell said she was glad there would be

opportunities for additional discussion by the Council. Mayor Broun said a joint meeting of local government bodies would be a good starting point for discussions. Council Member Evans emphasized the importance of receiving citizen input.

Council Member Powell inquired how the Council would proceed if another local government body approved the proposal as presented. Mayor Broun said the overall proposed process could be reexamined if this took place. Council Member Capowski expressed concern that it was unlikely that all members of all four local governing boards would be able to agree on many of the points. Council Member Capowski suggested that involvement by the Planning Board, as suggested by Council Member Evans, might be the best way to proceed. Council Member Protzman expressed his concurrence with the concept of review by Planning Boards.

Council Member Brown said if the local Planning Boards reviewed the proposal, it should be open to review by all County boards.

Mayor Broun said he concurred that review by Planning Boards might slow down the process somewhat.

THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER CAPOWSKI VOTING NO.

Mr. Horton noted that it might be necessary to hold a joint session among local government bodies on a Saturday or Sunday.

Item 8 Long-Term Water & Sewer Service Boundaries

Mayor Broun presented a brief introduction of the item. Council Member Brown urged the Council to carefully review its earlier adopted guidelines on water and sewer service boundaries. Mayor Broun said a very limited goal was being suggested and the process for attaining the goal was an open one. Noting that the process

outlined in July, 1993 had more heavily involved the Council, Council Member Brown said she favored proceeding with a process as outlined by the Council rather than the proposal before the Council this evening.

Noting the expanse of sewage and wastewater treatment issues within the rural buffer, Council Member Capowski said the matter before the Council was a very important one requiring prompt attention.

Noting the number of local persons currently working on growth-related matters, Council Member Protzman said he did not understand why a new committee was needed. Council Member Brown said the concerns noted by Council Member Capowski might not be addressed by the proposed process. Mayor Broun said he believed the committee would be able to address a variety of issues. Council Member Chilton emphasized the need to reexamine the rural buffer and related land-use issues. He added that the OWASA Board should be accountable and elected by the general public.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BROWN AND PROTZMAN VOTING NO.

Item 8 Cable Television

Council Member Capowski reported that slow progress was being made in the Town's cable television negotiations, within the context of about 500 pages of new Federal Communications Commission regulations pertaining to cable television.

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

A RESOLUTION DEFERRING THE PUBLIC HEARING PREVIOUSLY SCHEDULED FOR APRIL 19, 1994 ON A REVISED CABLE TELEVISION FRANCHISE RENEWAL PROPOSAL (94-4-11/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby defers the public hearing previously scheduled for April 19, 1994 on cable television franchise renewal. The Council will set a new hearing date pending completion of further discussions between the Town's negotiating team and Cablevision representatives.

This the 11th day of April, 1994.

Item 9 Hotel-Motel Tax Allocation Process

Noting that the Town was required to use a minimum of 10% or approximately $33,500 for visitor services or cultural programs, Mr. Horton said staff would do its best to increase this amount in accordance with the Council's direction in this matter. He stated that staff was seeking the Council's direction on the hotel-motel tax allocation process this evening.

Council Member Waldorf inquired whether Orange County received any of the Town's hotel-motel tax funds. Mr. Horton said no, noting that Orange County had its own hotel-motel tax.

Council Member Brown expressed concern that smaller groups had generally been unsuccessful in receiving Town hotel-motel grant funds. Stating that the Council had generally funded larger groups, Council Member Brown suggested that the Council think about a different allocations process for 1995-1996. Mr. Horton noted that some performance agreements were executed during the fall.

Council Member Chilton suggested the possibility of allocating 25% of hotel-motel allocations for small grants, leaving open-ended what constituted a small grant. Council Member Capowski said he liked the proposed guideline of 25% of the total for small grants. He also suggested having some percentage of funds allocated to organizations which had not received hotel-motel tax funding recently. Council Member Chilton stated that human services funding guidelines addressed this matter including the issue of multi-year commitments. Council Member Powell also said she liked Council Member Chilton's proposal.

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

A RESOLUTION ESTABLISHING A PROCESS AND SCHEDULE FOR REVIEWING PROJECT PROPOSALS FOR USE OF HOTEL/MOTEL TAX REVENUES

(94-4-11/R-7)

WHEREAS, the Council has adopted criteria for considering project proposals for use of hotel/motel tax revenues; and

WHEREAS, the Council will approve a total amount to be allocated for these project proposals as part of the budget process for FY 1994-95; and

WHEREAS, the Town staff will evaluate project proposals and make recommendations to the Council in June, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorize the following schedule and process for the review and allocation of funds from hotel/motel tax revenues:

April 15, 1994: Mail notices to organizations on an ongoing mailing list informing them that applications are available.

April 17, 1994: Advertise in a local newspaper that hotel/motel tax grant applications and criteria are available. Send application forms and copies of Council approved criteria to organizations and individuals upon request.

April 18 - May 20, 1994: Accept applications from all interested individuals and organizations.

May 21 - June 6, 1994: Staff would evaluate all grant proposals based upon Council approved criteria and develop recommendations for allocating grant funding. Copies of all hotel/motel tax grant proposals would be available for review by the Council on May 21, 1994.

June 13, 1994: Council would review staff recommendations and could take action contingent upon adoption of the FY 1994-95 budget.

June 14, 1994: Upon Council approval, staff would begin to negotiate performance agreements with all individuals and organizations selected to receive grants. Performance agreements would be executed after adoption of the FY 1994-95 budget.

This the 11th day of April, 1994.

Mayor Broun requested that Council Members wishing to serve on the long-term water and sewer service boundary committee contact him as soon as possible.

Item 10 Consent Agenda

Council Member Brown requested removal of items c and e. Council Member Protzman requested removal of item f.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS C, E AND F. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES

(94-4-11/R-8)

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 March 16 and 21.

b. Disposition of surplus property (R-9).

c. Purchase of playground equipment using Community Development Block Grant funds (R-10).

d. Proposed revision to 1993-1994 public housing operating budget (R-11).

e. Revisions to 1984 Thoroughfare Plan (R-12).

f. Development Ordinance amendment regarding required payments-in-lieu of small recreation areas (O-1).

g. Receiving potential revisions to Downtown Service District service plan (potential addition of security and street lighting services; for May 17 public hearing) (R-13).

h. Assessment Lien Advertisement (R-14).

This the 11th day of April, 1994.

A RESOLUTION DECLARING 356 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (94-4-11/R-9)

WHEREAS, Article 12 of NC General Statutes 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorizes the Town to dispose of surplus property; and

WHEREAS, the Town desires to dispose of certain items of personal property;

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

1. That the following items of personal property are hereby declared surplus:

QUANTITY ITEM

(1) 1984 Chevrolet C-20 Truck

(1) 1987 Chevrolet Celebrity Wagon

(1) 1982 Chevrolet S-10 Pick-Up Truck

(1) 1986 Ford Ranger Truck

(1) 1979 Dodge Pick-Up Truck

(1) 1977 Plymouth Trail Duster

(2) 1988 Chevrolet 4S

(1) 1987 Chevrolet 4S

(1) 1961 Ford Van

(1) 1985 Chevrolet 4S

(1) 1986 Ford Truck

(2) 1987 Cushman Scooter

(1) 1968 Ford Mustang

EQUIPMENT, SUPPLIES, ETC.

(1) Pallet of Tires

(4) Pallets of Miscellaneous Auto Parts

(1) Electric Arc Welder

(1) Pressure Washer

(2) 16.5 Dodge Wheels and Tires

(1) Tire Regroover

(1) Pallet of 52 Bus Parts - New/Used

(1) Lanier Dictaphone with Foot Pedal

(1) Lanier Tape Recorder with Adaptor

(6) Bags of Assorted Uniforms

(1) GE AC/DC Cassette

(4) Executive Swivel Chairs

(1) COMPAQ Portable Computer

(1) IBM Monitor

(1) IBM Proprinter

(1) IBM XT CPU

(1) Tandy Monitor

(1) Tandy Keyboard

(1) Panasonic KX-P1524 Printer

(1) Brothers 1724HL Printer

(3) Office Chairs

(1) Pacer Tread Mill - Light Duty

(1) Work Out Bench and Leg Press

(3) Respirators

(1) Box of Trophies

(1) Rock-Ola Juke Box

(1) 6 Ft. Camper Shell

(1) Mower 3 Point Hitch

(1) Yazoo Push Mower

(1) Lawn Boy Push Mower

(2) Truck Tool Boxes

(2) Green Machine Blowers

(1) Utility Trailer

(6) Plastic Chairs

(1) Computer Hard Drive

(2) 8-Line Telephones

(1) Miscellaneous Office Supplies

(102) GE Refrigerators (To be sold by Sealed Bid)

(9) Hotpoint Refrigerator (To be sold by Sealed Bid)

(2) Hotpoint Electric Range 30" (To be sold by Sealed Bid)

(38) GE Electrical Range 30' (To be sold by Sealed Bid)

(121) Vesta Gas Range 30' (To be sold by Sealed Bid)

(1) Graflex - Pacemaker Graphic Camera & Carrying Case

(1) Beseler 8x10 Color Print Processor - Manual

(4) Boxes Slide Film Binders

(1) Electric Film Drum Roller

(1) Johnke - Glossy Film Drum Roller

2. That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.

3. That the public auction is to take place on Saturday, April 23, 1994, at 10:00 a.m. at the Municipal Operations Facility, 1099 Airport Road, Chapel Hill with a rain date of May 14, 1994.

4. That prior to the public auction the Purchasing Agent is authorized to dispose of any of this personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with NC General Statutes 160A-274.

5. That the terms of sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.

6. That all items shall be sold on an "as is" and "where is" basis and the Town makes no guarantee of and assumes no responsibility for any of the items.

7. That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.

BE IT FURTHER RESOLVED that if any surplus property is not sold at the public auction, or sold, leased, exchanged or transferred to governmental agency, the Purchasing Agent is hereby authorized to sell said surplus property by private negotiated sale in conformity with NC General Statute 160A-267.

This the 11th day of April, 1994.

A RESOLUTION APPROVING REVISION NO. 2 TO THE OPERATING BUDGET FOR THE LOW RENT CONVENTIONAL HOUSING PROGRAM FOR JULY 1, 1993 THROUGH JUNE 30, 1994 FOR PROJECT NO (S) 46-1, 2, 3, 4, 5, 6, 7, and 9

(94-4-11/R-11)

WHEREAS, the Town Manager has submitted a public housing budget for fiscal year ending June 30, 1994; and

WHEREAS, the Council has determined that the proposed expenditures are necessary in the efficient and economical operations of the Housing Authority for the purpose of serving low-income families; and

WHEREAS, the budget indicates a source of funding adequate of cover all proposed expenditures; and

WHEREAS, all proposed rental charges and expenditures will be consistent with provisions of law and the Annual Contributions Contract; and

WHEREAS, the Council hereby certifies that the Town's Authority is in compliance with the provisions of Section 207 (a) of the Consolidated Annual Contribution Contract of the Authority shall at least once a year re-examine the income of families living in the Project (5); and

WHEREAS, all persons responsible for 75 or more units of public housing are hereby certified by an approved certifying organization's; and

WHEREAS, pursuant to Section 307, Part II of the Consolidated Annual Contributions Contracts, the Town's Authority hereby certifies that all administrative salaries are comparable to local practice, based on a comparability study date of January 1989 which is on file for HUD review;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves Revision No. 2 to the operating budget for the fiscal year ending June 30, 1994.

This the 11th day of April, 1994.

A RESOLUTION RECEIVING POTENTIAL CHANGES TO THE SERVICE PLAN FOR THE DOWNTOWN SERVICE DISTRICT (94-4-11/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby receives the attached material describing potential changes to the downtown service district service plan as originally adopted in 1989 and subsequently amended:

This the 11th day of April, 1994.

A RESOLUTION SELECTING THE DATE FOR THE ADVERTISEMENT OF DELINQUENT ASSESSMENT LIENS (94-4-11/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to advertise the Town of Chapel Hill delinquent assessment liens in the month of May, 1994 in accord with G.S. 105-369.

This the 11th day of April, 1994.

Council Member Brown requested that staff acquire playground equipment built with recycled materials wherever possible. Mr. Horton said this was a reasonable instruction which the staff would attempt to follow.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE COLONY WOODS WEST AND TANDLER NEIGHBORHOODS (94-4-11/R-10)

WHEREAS, the Town of Chapel Hill has received Community Development Block Grant funds to perform capital improvements within low and moderate income neighborhoods; and

WHEREAS, the Town has completed projects approved by the U. S. Department of Housing and Urban Development and there are additional funds remaining in the budget;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the allocation of $19,471 of excess Community Development Block Grant funds be used for the purchase of playground equipment.

This the 11th day of April, 1994.

Council Member Brown noted that portions of the Laurel Hill Parkway were still on the Thoroughfare Plan. She also emphasized the importance of the Council continuing to urge Chatham County officials to establish a roadway connection directly between Chatham County and the Research Triangle Park. Council Member Waldorf inquired about Chatham County's concerns. Mayor Broun said the principal concern was the roadway's proximity to a proposed school. He added that Durham County also had concerns about a roadway connecting Chatham County and the Research Triangle Park.

Mayor Broun also expressed hope that there would be a satisfactory Chatham County connector road in the future.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AMENDING THE 1984 CHAPEL HILL-CARRBORO THOROUGHFARE PLAN TO REMOVE THE LAUREL HILL PARKWAY AND LYSTRA ROAD EXTENSION (94-4-11/R-12)

WHEREAS, the Council adopted a resolution on February 28, 1994 requesting that the Laurel Hill Parkway be removed from the 1984 Chapel Hill-Carrboro Thoroughfare Plan; and

WHEREAS, the State Board of Transportation has amended the 1984 Thoroughfare Plan to remove the Laurel Hill Parkway and Lystra Road Extension; and

WHEREAS, the formal amendment of the 1984 Thoroughfare Plan requires a similar action by the Chapel Hill Town Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with the action of the State Board of Transportation amending the 1984 Chapel Hill-Carrboro Thoroughfare

Plan to remove the Laurel Hill Parkway, between N.C. 54 and Smith Level Road and the Lystra Road Extension.

This the 11th day of April, 1994.

Council Member Protzman urged the Council to not let the opportunities related to payments-in-lieu for recreation areas escape them.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE TO ALLOW THE COUNCIL TO REQUIRE A PAYMENT TO THE TOWN IN LIEU OF PROVIDING SMALL RECREATION AREAS (94-4-11/O-1)

WHEREAS, the North Carolina General Assembly in 1993 enacted an amendment to the General Statute to allow the Town Council to require a payment to the Town in lieu of dedicating recreation areas where Town standards would otherwise require recreation area of two acres or less in size; and

WHEREAS, the Council has considered the proposed amendment to adjust the recreation area payment-in-lieu provisions, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Development Ordinance shall be amended as follows:

SECTION I

AMEND the first two paragraphs of Section 17.9.5 of the Chapel Hill Development Ordinance to read as follows:

17.9.5 Payments in Lieu of Provision or Dedication

In lieu of providing or dedicating recreation area required pursuant to this section, a developer of a subdivision may, with the approval of the Council, make a payment to the Town whereby the Town may acquire or develop recreation land to serve the subdivision. A developer may make a partial payment in combination with the partial provision of recreation area if the Council determines that the combination is in the best interests of the citizens of the area to be served.

The Council may require a payment to the Town in lieu of providing or dedicating recreation area required pursuant to this section where the minimum recreation area required by this section equals two (2) acres or less.

The Town shall use such payment only for the acquisition or development of recreation, park, or open space sites to serve residents of the subdivision or residents of more than one subdivision or development within the immediate area.

SECTION II

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

This the 11th day of April, 1994.

Addendum to Minutes of February 28, 1994

In Executive Session on February 28, 1994, the Council discussed the lawsuit brought by Winifred Spain against the Town and three Town employees. The terms of the settlement of that suit, entered into April 6, 1994, are contained in a settlement agreement on file in the Town Clerk's Office.

The meeting concluded at 9:41 p.m. There was no need for an Executive Session.