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

HILL, NORTH CAROLINA, MONDAY, MAY 9, 1994 AT 7:30 P.M.

Mayor pro tem Brown called the meeting to order, noting that Mayor Broun was attending a professional meeting out of town. Council Members in attendance were 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, Parks and Recreation Director Mike Loveman, Public Works Director Bruce Heflin, Long Range Planning Coordinator Chris Berndt, Senior Transportation Planner David Bonk and Town Attorney Ralph Karpinos. There were no ceremonies or hearings.

Item 3 Petitions

Chapel Hill-Carrboro City Schools Assistant Superintendent Chet Pryor requested that the Council grant expedited review of the District's proposed Transportation Center project.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor pro tem Brown noted that the School District had also submitted a petition concerning cable television programming in schools.

Noting that the provision of cable television facilities could be quite expensive, Council Member Capowski urged the school district to consider possible funding sources for its cable television proposal. He also requested that the School District provide additional information on its "Express Exchange" program. Mr. Pryor said he would try to get information on the program as soon as possible.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Joanne Woods, speaking on behalf of the Rainbow Soccer program, said the program had broad-based support in the community. Ms. Woods requested the Council's assistance in attaining a long-term lease from the University for the use of the Rainbow Soccer fields in the Glen Lennox area. Ms. Woods also asked that the Town not jeopardize the future of the long-running program. She noted that the fields had been used by Rainbow Soccer for over twenty years and were leased on an annual basis from the University of North Carolina.

Noting that the Rainbow Soccer program had existed for a long time and was well-run, Council Member Pavão said it had never been the Town's intent to eliminate the program. He added that the Town could perhaps do a better job of maintaining the fields for use by community residents. Council Member Pavão also noted that Town and University officials were working together to determine the future use of playing fields in the Glen Lennox area. Ms. Woods stated that some Rainbow Soccer supporters were concerned that alternative uses of the playing fields might limit availability for Rainbow Soccer programs. Council Member Pavão noted that the Town had grown tremendously during the past twenty years with more persons seeking active recreation areas.

Council Member Powell asked whether Rainbow Soccer and Town officials had met to discuss options. Ms. Woods said this evening's presentation was the first formal one about Rainbow Soccer concerns. Council Member Waldorf said the Town did not want to infringe upon or undermine the Rainbow Soccer program. She suggested that Town staff discuss matters with Rainbow Soccer officials at an appropriate time in the future.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Jason Rumfelt, representing the Carolina Athletic Association, presented an overview of the proposed University Homecoming activities scheduled for October. He requested that the Council favorably consider proposed changes to the activities.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski said OWASA officials would be flying a balloon in the Hilltop area (near the west end of McCauley Street) on Wednesday morning (May 11th) to simulate the height of a proposed water tower in the area.

Council Member Protzman requested that staff provide an update on the status of the intersection of Weaver Dairy and Erwin Roads. He also expressed appreciation to community volunteers and Police Department officials for their assistance with the "Buy Back the Hill" gun buyback program. Council Member Protzman stated that over sixty guns had been turned in to the program on Saturday, May 7th. Council Member Powell expressed appreciation to Council Member Protzman for his leadership of the program. Council Member Protzman suggested sending a formal letter of thanks to Committee members and Police staff. Council Member Protzman said he would do so.

Mr. Horton requested that item 14.1 be moved to item 13.1 on the agenda. There were no objections from Council Members.

Item 4 Boards and Commissions

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS FOR THE CABLE TELEVISION COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL CHILTON, TO NOMINATE ALL APPLICANTS TO THE PARKS AND RECREATION COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL APPLICANTS TO THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Mayor pro tem Brown noted that Council Member Powell had expressed interest in serving on the Public Housing-Related Needs Special Committee. Council Member Waldorf said she would be glad to serve as an alternate representative to the Committee.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO APPOINT COUNCIL MEMBER POWELL AS REPRESENTATIVE AND COUNCIL MEMBER WALDORF AS ALTERNATE TO THE PUBLIC HOUSING-RELATED NEEDS SPECIAL COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

The following persons were also unanimously appointed to the Committee:

Maxecine Mitchell (Public Housing Res. Council)

Joann Shirer (Public Housing Res. Council)

Connie Cash (Public Housing resident)

Fabian Farrington (Public Housing resident)

Charlie Zimmerli (Housing & CD Advisory Board)

Sarah Kogut (Coord. Committee of Violent Crime

and Drug Abuse Program)

Mildred Council (At-large representative)

DESIGN REVIEW BOARD MEMBERS BRUCE BALLENTINE AND ROBERT STIPE WERE REAPPOINTED TO THREE-YEAR TERMS. BOARD MEMBER MIKE HINING WAS REAPPOINTED FOR A ONE-YEAR TERM.

Council Member Capowski suggested the possibility of postponing appointments to the Planning Board until possible changes to the Town's development process were put in place. Council Member Protzman suggested that the Council fill existing vacancies with possible changes occurring in the future. Noting that the Design Review Board's recommendations had not been passed, Mayor pro tem Brown suggested that the Council proceed with appointments to the Planning Board.

TOWN PLANNING BOARD MEMBERS MARY REEB AND MARTIN RODY WERE RECOMMENDED FOR REAPPOINTMENT FOR THREE-YEAR TERMS. TOWN RESIDENT JUNE DUNNICK WAS RECOMMENDED FOR APPOINTMENT TO A THREE-YEAR TERM. EXTRATERRITORIAL JURISDICTION MEMBER AND BOARD CHAIR WAYNE HADLER WAS RECOMMENDED FOR PLANNING BOARD REAPPOINTMENT BY THE ORANGE COUNTY BOARD OF COMMISSIONERS. ORIGINAL VOTING BALLOTS FOR ALL THREE BOARD AND COMMITTEE APPOINTMENTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Item 5 Standish Townhomes SUP

Mr. Waldon presented a brief overview of the proposal. Council Member Protzman inquired about the payment-in-lieu amount to be paid by the applicant. Mr. Waldon said this information was not available pending appraisal of the land. Council Member Protzman asked whether it would be possible to get this information for future applications. Mr. Horton said preliminary estimates of this amount could be provided in the future. Mayor pro tem Brown called the applicant for his statement concerning the proposed conditions of approval. Rick Williams requested that the payment-in-lieu requirement be waived on the basis of an easement through the property granted by the applicant. Mr. Williams also stated that the nearby Hardee's project had not been required to provide a bicycle lane. Mr. Horton said Hardee's was not required to install a bicycle lane due to its proximity to a major intersection.

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

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

Noting that he although was sympathetic with the applicant's concern about the provision of a bicycle lane, Council Member Protzman said he would support adoption of resolution 1a.

RESOLUTION 1A WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR STANDISH TOWNHOMES (SUP 27.D.3) (94-5-9/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Standish Townhomes, proposed by Fogleman & Williams Development, Inc. on property located at the southeast corner of Old Durham Road and Standish Drive and identified as Chapel Hill Township Tax Map 27, Block D, Lot 3, if developed according to the site plan dated, October 1, 1993 (revised January 4, 1994):

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

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

3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

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

These findings are conditioned on the following:

Stipulations Specific to the Development

1. A. That construction begin by May 9, 1996 (two years from the date of approval) and be completed by May 9, 1997 (three years from the date of approval).

B. That half of a 90 foot right-of-way be dedicated along the subject property's Old Durham Road frontage prior to issuance of a Zoning Compliance Permit.

C. That a 50 foot wide public right-of-way be dedicated through the southern portion of the subject property from Standish Drive to the eastern property line prior to issuance of a Zoning Compliance Permit.

D. That bicycle racks be provided near each building.

E. That the applicant make a full payment-in-lieu of required recreation space in accordance with Section 13.7.10 of the Development Ordinance prior to issuance of a Zoning Compliance Permit.

F. That the development meet the requirements of Article 10 of the Development Ordinance regarding Watershed Protection.

G. That the proposed internal walkway system be concrete with the exception of a gravel walkway to Old Durham Road.

2. Required Improvements (specific to the proposed development):

A. That Old Durham Road be improved to half of a 41 foot cross-section with curb and gutter and sidewalk, and an additional 5 feet of pavement for a bike lane along the subject property's frontage.

B. That the applicant provide a concrete pad and bench for a bus stop in the Standish Drive right-of-way, the location of the bus stop to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

C. That, due to poor soil conditions, the parking lot drive aisles be built to higher-than-standard conditions to accommodate large Town vehicles. The specifications of drive aisle construction shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations related to State and Federal Government Approvals

3. State or Federal approval(s): That any required State or Federal permits or encroachment agreements be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

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

Stipulations related to Landscape Elements

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

6. Landscaping and Buffer Plans: That a detailed landscape plan and landscape maintenance schedule be approved by the Appearance Commission and the Town Manager prior to the issuance of a Zoning Compliance Permit. The detailed landscape plan shall include the following standard buffers:

- Type C buffers (minimum 20 feet wide) along the Standish Drive and Old Durham Road frontages

- Type B buffer (minimum 10 feet wide) along the eastern property line

- Type B buffer (minimum 10 feet wide) along the north and south sides of the new 50 foot wide public right-of-way to be dedicated in the southern portion of the subject property.

The landscape plan shall also meet the requirements of Section 14.6 of the Development Ordinance regarding shading of paved areas by vegetation and screening of parking areas from streets and adjacent residential areas.

If the applicant proposes alternate buffers along any property line (or portion thereof), the alternate buffer plans must be reviewed and approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

Stipulation related to Building Elevations

7. Building Elevation Approval for Special Use Permit applications: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations related to Water, Sewer and other Utilities

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

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

Miscellaneous Stipulations

10. 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.

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

12. 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.

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

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

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

16. 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 the Standish Townhomes Special Use Permit in accordance with the plans and conditions listed above.

This the 9th day of May, 1994.

Item 6 University Mall Texaco SUP Modification

Mr. Waldon presented an overview of the applicant's proposal, noting that a convenience store and service station were proposed for the site. He noted that some site features were not meeting the current letter of Town development regulations, especially buffers on the southern and eastern property lines. Mr. Waldon stated that adoption of resolution 2a was recommended.

Mayor pro tem Brown called upon the applicant for a statement concerning proposed conditions of approval. Don D'Ambrosi, the applicant's representative, said the applicant was satisfied with the proposed conditions of approval.

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

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR UNIVERSITY MALL - TEXACO STATION (SUP-47-A-p/o 8)

(94-5-9/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application, proposed by Wachovia Bank of North Carolina, Trustee, on property identified as Chapel Hill Township Tax Map 47, Block A, part of Lot 8, if developed according to the site plan dated January 3, 1994 (revised February 18, 1994), 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 (with the exceptions listed below);

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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 Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1. Modification of Subsections 5.5.2.1 and 13.11.3 of the Development Ordinance to allow a deficit of 991,554 square feet of livability space on the zoning lot.

2. Modification of Subsection 14.12.6 to allow continuation of substandard landscape buffers on the eastern and southern property lines of the leased site.

3. Modification of Subsections 5.5.2.1 and 13.11.3 of the Development Ordinance to allow a deficit of 190,406 square feet of open space on the zoning lot.

4. Modification of Subsection 13.11.3 of the Development Ordinance to allow an excess of 262,719 square feet of floor area on the zoning lot.

5. Modification of Subsection 14.6.6 to allow shading less than 35% of the parking area surfaces.

6. Modification of Subsection 14.6.6 to allow the continuation of the lack of a five foot strip of landscaping between the buildings and the pavement.

7. Modification of Subsection 14.13 to allow continuation of existing nonconforming signage on the University Mall property, excluding the Texaco site.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit Modification for the University Mall Texaco Station in accordance with the plans and modifications listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by May 9, 1996 and be completed by May 9, 1997.

2. Required Improvements:

a. That the easternmost curb cut be closed; and that a five foot sidewalk, and curb and gutter, built to Town standards, be extended along the property frontage on Estes Drive in place of the easternmost curb cut.

b. That all proposed driveways, drive aisles, and parking areas be built to Town standards.

c. That the pavement near the northeast corner of the Texaco building be marked to clearly direct traffic queuing for the car wash and the traffic bypassing the car wash queue.

3. Natural Gas Line: That the location of all natural gas lines be indicated on the final plans, and that a plan for avoiding the gas line during construction and operation activities be reviewed by the Public Service Company and the Town Manager prior to issuance of a Zoning Compliance Permit.

4. Dumpster, Type, and Location: That the type, location, and screening of the dumpster be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

5. Canopy Height: That the new canopy, including the undersurface lights, speakers, and other equipment be at least 18 feet above the ground, to allow for refuse vehicle access. Alternatively, adequate provision shall be made for Town refuse vehicle access outside the area covered by the proposed canopy.

6. Stormwater Management:

a. That a comprehensive stormwater management plan for the Texaco site, based on the Town's Hydros model, be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

b. The stormwater management plan shall show how the stormwater from the site would be carefully routed and filtered or treated to remove oil, soaps, and other pollutants prior to drainage into the stormwater sewer system.

7. Standard Specific to Service Stations: Adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals, and fluids.

8. Standards Specific to Car Washes:

a. That the developer shall include a plan for staffing of the facility in a manner that will assure that the facility shall be well-maintained, with provision for the regular collection of litter and debris during each day of operation, for regular care of the landscaping, for adequate protection of the equipment and structures from vandalism and for the safety of the customers.

b. That all car washing apparatus shall be enclosed or screened from adjacent streets and properties by means of an effective screening device of a height appropriate to its screening function. Screening may be accomplished through arrangement of structures on the lot combined with appropriate screening devices which may include solid decorative brick wall, wood fences, berms, tight evergreen hedges which shall reach the necessary height within two (2) years of planting, or combination of the above.

The screening plans should also provide screening for vent risers, recycling bins, vacuum equipment and dumpster.

c. That all proposals for car wash facilities shall demonstrate the provision of adequate drainage systems.

d. That a waste disposal plan be submitted to the Town Manager showing that solid waste, waste trapped in the oil-sand separator (or other filtering device), and liquid waste will be properly disposed of in a manner approved by the North Carolina Division of Environmental Management, Orange Water and Sewer Authority, and the Town Manager; and that the permit holder comply with the requirements of the plan.

As part of the waste disposal plan, the property owner shall maintain a record of who collects the waste trapped in the oil-sand separators, dates of collection, the method of disposal and the location of disposal. The tanks for stormwater must be cleaned at least twice a year to maintain maximum effectiveness. This record shall be provided annually to the Chapel Hill Solid Waste Administrator by January 31 for the previous year.

9. Fuel Tanks: That final plans demonstrate that the development meets or exceeds all applicable local, State, and Federal regulations regarding underground fuel tanks and groundwater protection.

Stipulations Related to the Resource Conservation District

10. 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".

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

Stipulations Related to State and Federal Government Approvals

12. State or Federal approval(s): That plans for improvements within NCDOT rights-of-ways be approved by NCDOT prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

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

14. Landscape Replacement: That if any existing plants, not designated on the plans as "to be removed" on the plans, are damaged during construction, they shall be replaced in kind prior to opening of the convenience store.

Stipulation related to Building Elevations

15. Building Elevations and Canopy Addition Approval: That detailed elevation drawings for the building renovation and new canopy, and signage be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

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

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

Miscellaneous Stipulations

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

19. Detailed Plans: That final detailed site plan, utility/lighting plans, stormwater management plan (with hydrologic calculations), landscape plan and landscape maintenance 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 all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

20. Sight Triangle: That sight triangles be shown on the final plans, and that the planting plans respect the necessary sight triangles for safe movement in and out of the site.

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

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

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

24. 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 Special Use Permit Modification for the University Mall - Texaco

Station in accordance with the plans and conditions listed above.

This the 9th day of May, 1994.

Item 7 Report by Design Review Board Committee

Design Review Board Member Mike Hining presented an overview of a committee's interim report concerning possible changes to the Town's development review process. He noted that the Committee recommended that all projects would continue to be reviewed by the Council. Mr. Hining stated that the Appearance Commission agreed with the Design Review Board's recommendation. He added that the Planning Board and Transportation Board were still reviewing the Board's proposals. Mr. Hining noted that the Committee would be meeting on Wednesday, May 11th to further discuss possible changes to the development review process. He also noted that the Design Review Board was willing to have a work session with the Council and other boards to discuss the possible changes.

Council Member Protzman inquired whether "site specific" referred to the site itself or the surrounding area. Mr. Hining stated that this involved the site itself and the surrounding area. Council Member Protzman also inquired whether the primary focus of the proposed Planning Commission would be strategic planning matters. Mr. Hining said this was correct.

Council Member Waldorf said she strongly supported the idea of holding a work session with the Design Review Board and other advisory boards following the June 20th public hearing. She stated that any comments on the Town's Development Ordinance would be welcomed.

Diane Bloom, a representative of the Alliance of Neighborhoods, suggested that there be adequate opportunity for citizen involvement in the Town's development review process. She also expressed concern that a committee of professionals might not be as receptive to citizen input as the Town's elected officials. Ms. Bloom stated that citizens could play an instrumental role in making intelligent decisions about development-related concerns. She urged the Council to give citizens who serve on development committees to provide input on future Town decision-making.

Council Member Chilton inquired when the Council would receive a more formal proposal from the Design Review Board. Mr. Hining said he hoped the proposal would be ready prior to the June 20th hearing. Noting that the proposal would take some time for citizens to digest, Council Member Chilton asked whether the proposal would be from the entire Design Review Board. Mr. Hining said yes.

Noting that the Transportation Board and other boards had not had an opportunity to fully review the proposal, Council Member Chilton said he thought a work session was in order after the hearing and these reviews. Council Member Chilton suggested that the Committee's report highlight what specific changes were needed in the development review process as well as why there were necessary.

Council Member Capowski thanked the committee for its work. Council Member Capowski said he liked the idea of grouping projects by order of importance. He inquired how proposed subdivisions of up to twenty-five lots would fit into the proposed process. Mr. Horton stated that the June 20th public hearing would offer an opportunity for comment on several proposals including this one. Council Member Capowski asked how the Committee proposed to address the cumulative effect of developments and their interrelationships. Mr. Hining said this would primarily be an issue for handling by the proposed long-range Planning Commission. Council Member Capowski noted that Appendix A to the Commission's report identified the area south of Raleigh Road as the most threatened by future development.

Council Member Protzman stated that one of the philosophies behind draft proposals was that they tended to be imperfect. He emphasized the importance of Ms. Bloom's earlier comment concerning the need for citizen comment on the proposed changes in the Town's development review process.

Council Member Waldorf emphasized the importance of disseminating the proposal to as many persons and groups as possible, especially advisory boards and commissions, prior to the June 20th public hearing.

Council Member Evans said she hoped boards and commissions would review the proposals and make recommendations to the Council.

Council Member Brown said she did not believe that all advisory boards and commissions had knowledge of the extent of proposed changes. She also noted the importance of receiving feedback from boards and commissions about their own functions in the development review process. She said that the resolution passed by the Council in January called for all Council advisory boards to make recommendations about the review process. Council Member Brown requested additional staff information concerning the role of boards and commissions in the review process. Mr. Waldon noted that the review of the development process had evolved from discussions about housing affordability and ways to reduced regulatory costs.

Noting that the Design Review Board was engaged in a self-evaluation process, Mr. Waldon said he did not think the resolution adopted by the Council called for self-evaluation of all development-related boards and commissions. Council Member Brown suggested keeping all boards and commissions apprised of possible changes in the development review process. Mr. Horton noted that pertinent boards and commissions had representatives on the Design Review Board. He added that all boards and commissions would receive copies of the Committee's interim report.

Item 8 Revised Pedestrian Plan

Senior Transportation Planner David Bonk reviewed the proposal before the Council, noted that a number of changes had been made to the Pedestrian Plan, based on comments by Council Members, advisory boards and commissions and citizens.

Council Member Evans asked whether the Town's 1983 sidewalk plan had been updated. Mr. Bonk stated that the plan was used as a basis for overall sidewalk planning. Council Member Evans expressed concern that adopting the proposed plan might lead to the creation of additional committees such as a staff pedestrian oversight committee and the need for additional studies.

Council Member Chilton said the proposed resolution effectively added the Pedestrian Plan to the Town's Comprehensive Plan. He inquired whether the pedestrian plan was separate from the bicycle plan. Mr. Bonk said yes. Mr. Horton added that the Bicycle Plan was regional in orientation, which could be used as a basis for a more specific Town Bicycle Plan.

Council Member Waldorf inquired about the estimated cost of putting together the Town's pedestrian plan. Mr. Horton said staff could estimate this cost. Noting that an estimated $30,000 would be spent on sidewalks during the next fiscal year, Council Member Waldorf said she would rather spend funds to build additional sidewalks rather than analyze pedestrian precincts. Mr. Bonk stated that the proposed guidelines would be integrated into the Town's design guidelines. He added that Capital Improvement Program funds would be used for sidewalk projects.

Council Member Capowski said although most sidewalks were being built on the periphery of the Town, they were most needed in older parts of the Town. Council Member Capowski also said he favored the provision of additional sidewalks in high pedestrian traffic areas. Mr. Bonk noted that the first area for staff analysis would be the University area.

Stating that the Council could identify areas needing sidewalks, Council Member Evans suggested delaying future sidewalk studies. Mr. Horton stated that sidewalk project priorities were established from the Town's pedestrian plan. He added that although tradeoffs could be made, a tool such a pedestrian plan was needed to properly plan sidewalks.

Julie Andresen said she had been one of the Council Members interested in initiating a sidewalk study. She noted the importance of making the Town more "pedestrian-friendly". Ms. Andresen said she had recently returned from Portland, Oregon where specially-designed intersections made it much easier for pedestrians to cross roadways. Ms. Andresen also said she strongly endorsed the proposed pedestrian plan.

Council Member Chilton said he was concerned about the Town's past hodgepodge approach toward sidewalks. He also said prioritization of sidewalk projects would be helpful for decision-making. Stating that $30,000 was inadequate for the Town's sidewalk needs, Council Member Chilton said he favored using state and federal funds, where available, for sidewalk construction. He also suggested that the Council might consider asking voters to consider the issuance of bonds for sidewalk and bikeway projects in the future.

Council Member Brown inquired whether a proposal for sidewalks along Weaver Dairy Road was in the plan. Mr. Bonk said yes. Council Member Brown said she wholeheartedly supported the pedestrian plan as a good planning tool for prioritizing sidewalk projects. She proposed an amendment to the proposed resolution concerning objective number one of the plan.

Council Member Evans said it would take many years to complete the Town's sidewalk program needs if the annual funding continued to be about $30,000 annually. Mr. Horton concurred, noting that he believed it would be worthwhile for the Council to permit the staff to proceed with the first sidewalk precinct study as a planning tool.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 3, AS AMENDED, INCORPORATING THE AMENDMENT PROPOSED BY COUNCIL MEMBER BROWN.

COUNCIL MEMBER EVANS PROPOSED A FRIENDLY AMENDMENT TO PROCEED WITH THE FIRST PEDESTRIAN PRECINCT STUDY. THE MOTIONER AND SECONDER CONCURRED.

Council Member Waldorf asked whether a precinct study entailed a nuts and bolts examination of sidewalk needs. Mr. Horton said yes, noting that the studies were a good decision-making tool.

RESOLUTION 3 AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING THE PEDESTRIAN PLAN, POLICIES AND GUIDELINES AS A COMPONENT OF THE CHAPEL HILL COMPREHENSIVE PLAN (94-5-9/R-3)

WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 called for plans to be developed, at the state, regional and local levels, which encourage the use of alternative modes of transportation; and

WHEREAS, the Town of Chapel Hill wishes to promote pedestrian activity and encourage walking as an alternative mode of transportation; and

WHEREAS, the Chapel Hill Pedestrian Plan, Policies and Guidelines, has been developed to meet the Town's goal of increasing safe pedestrian movement; and

WHEREAS, Town advisory boards have reviewed the draft Pedestrian Plan, Policies and Guidelines and recommended adoption of the Plan as a component of the Chapel Hill Comprehensive Plan; and

WHEREAS, the citizens of the Town of Chapel Hill have reviewed and provided comments on the draft Pedestrian Plan, Policies and Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Pedestrian Plan, Policies and Guidelines, is adopted as a component of the Chapel Hill Comprehensive Plan.

This the 9th day of May, 1994.

Item 9 Regional Bicycle Plan

Mr. Horton said Town staff had been working with neighboring communities to develop a Regional Bicycle Plan. He also said staff did not recommend making that the document become part of the Town's Comprehensive Plan. Senior Transportation Planner said the Regional Plan focused on transportation uses, rather than non-recreational use of bicycles. He added that the plan had been adopted regionally.

Council Member Capowski said he was glad the regional plan offered possibilities for persons wishing to bicycle-commute from Town to the Research Triangle Park.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 4.

Council Member Chilton said little had been done to explore the use of bicycles in association with traffic calming techniques. Council Member Brown asked how bicycle plans would be updated. Mr. Horton stated that the Regional Bicycle Plan offered a starting point for a possible Town Bicycle Plan, particularly if the Town chose to add a Bicycle Plan to the Town's Comprehensive Plan. He also noted that the Town's Traffic Calming Plan could be added to the Comprehensive Plan if the Council wished. Council Member Chilton suggested that the staff prepare an agenda item on these matters for future Council consideration.

RESOLUTION 4 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DIRECTING THAT THE DURHAM-CHAPEL HILL-CARRBORO URBAN AREA REGIONAL BICYCLE PLAN BE USED AS A GUIDELINE IN PLANNING FOR BIKEWAY IMPROVEMENTS IN CHAPEL HILL (94-5-9/R-4)

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

WHEREAS, the Transportation Advisory Committee has referred the Regional Bicycle Plan to local governments for implementation; and

WHEREAS, the Council referred the Regional Bicycle Plan to Town advisory boards for their review and recommendation toward adopting the Regional Bicycle Plan as a component of the Chapel Hill Comprehensive Plan; and

WHEREAS, the Chapel Hill Transportation Board, Planning Board, Bicycling Advisory Committee and Greenways Commission have reviewed and approved the Regional Bicycle Plan to be used as a bicycle facilities planning guideline, and

WHEREAS, the Council referred the Regional Bicycle Plan Education and Enforcement Report to the Chapel Hill-Carrboro school system for their review and possible incorporation into bicycle safety curricula.

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 used as a guideline in planning for bikeway improvements in Chapel Hill.

This the 9th day of May, 1994.

Item 10 Community Development Entitlement Grant

Long-Range Planning Coordinator Chris Berndt reviewed the proposal to expend $484,000 on community development programs. She noted that the Town's Housing and Community Development Board had examined the proposal and recommended its adoption by the Council. Ms. Berndt briefly reviewed the proposed allocations, noting that the Housing and Community Development Board had recommended that program funds be limited to families earning sixty percent or less of the area's median income.

Council Member Protzman asked whether the proposal included funds for Public Works Department support of public housing maintenance. Mr. Horton said no.

Council Member Evans suggested that some funds might be used for a pilot streetscape project. Mr. Horton said this was an eligible activity for Community Development Grant funds. Council Member Protzman requested that the Manager allocate Community Development funds for sidewalk construction at the west end of the Town in concert with Council Member Evan's earlier suggestion concerning streetscape projects. Mayor pro tem Brown noted that the Council

was examining funding this evening and would examine specific proposals in the future. Ms. Berndt said staff would likely return with more specific guidelines in June.

Council Member Waldorf suggested the possibility of using funds in the Pine Knolls neighborhood for an existing child care program. She stated that the program served about twenty-four children and had recently received a $5,000 from a firm in the Research Triangle Park. Mayor pro tem Brown said the Council's comments as well as recommendations from pertinent boards would be taken into account by staff when preparing their follow-up report.

Council Member Capowski said he was delighted that the proposal placed an emphasis on public housing maintenance. He requested a clarification of possible funding for sewer improvement programs. Mr. Horton stated that the current sewer loan program was limited to four neighborhoods, with future loans available to other Town residents or families making less than sixty percent of the area's median income. Mr. Horton added that staff could prepare a report on specific guidelines and previous Council commitments for sewer programs.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 5. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE SUBMISSION OF A FINAL STATEMENT FOR A 1994-95 COMMUNITY DEVELOPMENT ENTITLEMENT GRANT AND A GENERAL SPENDING PLAN FOR 1993-96 (94-5-9/R-5)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit to the U. S. Department of Housing and Urban Development a Final Statement for the 1994-95 Community Development Program and a revision to the general spending plan for 1993-96, as described in the Manager's memoranda to the Council dated May 9, 1994; including all understandings, assurances, and certifications required therein, for a program of $484,000 ($445,000 grant and $39,000 of program income) in Community Development Entitlement Funds.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submission of a Final Statement and to provide such additional information as may be required.

This the 9th day of May, 1994.

Item 11 Public Housing Grant

Housing Director Tina Vaughn briefly reviewed the proposal to expend approximately $423,000 on housing-related programs.

Council Member Protzman said he did not favor spending Town funds to pick-up litter in public housing communities. He requested a follow-up staff report on the matter.

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

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ANNUAL STATEMENT FOR A COMPREHENSIVE GRANT PLAN FOR 1994-95 (94-5-9/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to submit a Comprehensive Grant Plan Annual Statement as described in the Manager's memorandum to the Council dated May 9, 1994 to the U.S. Department of Housing and Urban Development (HUD), including compliance with all HUD policies, procedures, and regulations required therein, for a program of $423,211 in Comprehensive Grant Program funds.

BE IT FURTHER RESOLVED that the Manager is hereby designated as the authorized representative of the Town to act in connection with submission of a Annual Statement and to provide such additional information as may be required.

This the 9th day of May, 1994.

Item 12 Calling Hearing on Horace Williams Tract Rezoning Proposal

Mr. Horton said staff recommended holding a hearing on September 19th to consider rezoning of the Horace Williams property.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 7A.

Council Member Chilton said once the Council had rezoned the O&I-3 portion of the tract, the Council examine the entire tract. Council Member Chilton also said he agreed with the proposal to hold a hearing on September 19th. Mr. Horton noted that Resolution 7a was to rezone a portion of the tract from O&I-3 to O&I-2.

Council Member Capowski inquired about the University's plans to develop south of the Horace Williams tract along Estes Drive. Mr. Waldon said one small building was proposed in this area. Council Member Capowski asked whether the building was large enough to trigger a special use permit process. Mr. Waldon said the building would most likely not be large enough to trigger such a process. Council Member Capowski said he supported Resolution 7a.

RESOLUTION 7A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION SCHEDULING A PUBLIC HEARING FOR CONSIDERATION OF ZONING FOR THE HORACE WILLIAMS PROPERTY (94-5-9/R-7a)

WHEREAS, the University of North Carolina at Chapel Hill owns a tract of land in northwest Chapel Hill and Carrboro of approximately 970 acres in size, known as the Horace Williams property; and

WHEREAS, approximately 686 acres of this tract lie within areas covered by Chapel Hill zoning regulations, including the Joint Planning Transition area; and

WHEREAS, the existing zoning of this property is a combination of several zoning districts that may not be appropriate in consideration of future development proposals for this property;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill calls a Public Hearing for 7:30 p.m. on Monday, September 19, 1994, to consider rezoning the property as shown on the attached Map 1 from Office-Institutional 3 to Office-Institutional 2.

This the 9th day of May, 1994.

Item 13 Bicentennial Recognition Resolution

Mayor pro tem Brown said the resolution recognizing the efforts of community volunteers and Town staff during the recent Bicentennial activities was a good one.

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

A RESOLUTION HONORING THE BICENTENNIAL COMMITTEE AND THE CITIZENS AND TOWN STAFF WHOSE VOLUNTEER WORK MADE THE TOWN'S BICENTENNIAL CELEBRATION POSSIBLE (94-5-9/R-8)

WHEREAS, the Chapel Hill community and the University of North Carolina at Chapel Hill celebrated the bicentennial of their founding in October, 1993 and April, 1994; and

WHEREAS, the Town's Bicentennial celebration events included an original play written by volunteers and performed in the fall of 1993; publication of two books, A Backward Glance: Facts of Life in Chapel Hill, and Chapel Hill 200 years: Close to Magic; commissioning a mural painting in the lobby of the District Court/Post Office building on East Franklin Street; design, construction and dedication of markers at four entranceways to Chapel Hill; exhibitions of historical clothing and artifacts at the Horace Williams House; and other Chapel Hill Revisited programs on Sunday, April 24, 1994; and

WHEREAS, the Bicentennial celebration on April 24th included an art exhibit; five "Life on the Hill" performances on the history of our community; an antique car show; tours of four gardens; the opening of a police substation on North Graham Street; external tours of historic homes; a community parade; and a concert in Memorial Hall; and

WHEREAS, the Chapel Hill Bicentennial celebrated our community's history and values of creativity, freedom of expression, social change and diversity in our Town; and

WHEREAS, the Bicentennial celebration would have not been possible without the dedicated work of the many citizens who worked with great energy, talent, imagination, resourcefulness and joy to make the celebration a community-wide series of events enjoyed immensely by thousands of citizens; and

WHEREAS, the preparations for the Bicentennial celebration and the celebration itself have strengthened the fabric of our community spirit; and

WHEREAS, the Mayor and Town Council express special appreciation to Chancellor Paul Hardin and the entire University community for the Carolina Saturday and other special programs for citizens, and for the University's cooperation and support in working with the Town in the celebration of the Bicentennial;

NOW THEREFORE BE IT RESOLVED that the Mayor and Town Council hereby honor and commend the many citizens and Town staff including the Bicentennial Committee chaired by Betty Caldwell and Nancy S. Preston, who volunteered their time, energy and skills to the 1993-94 Chapel Hill Bicentennial Celebration.

This the 9th day of May, 1994.

Item 14.1 Cable Television Rates

Mr. Horton briefly reviewed the revised resolution before the Council concerning possible refunding of cable television franchise fees to its customers. He noted that the current state of affairs was that the refund might need to be rescinded in the future.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 8.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION PUTTING INTO EFFECT AN ORDER REGARDING REFUNDS OR CREDITS FOR OVERCHARGES OF CABLE TELEVISION RATES (94-5-9/R-8.1)

WHEREAS, the Council of the Town of Chapel Hill on March 16, 1994, adopted an order for a refunds or credits for basic cable television service charges exceeding the allowable benchmark rate of $7.45 per month, and the Council with the agreement of a representative of Time Warner Entertainment, L.P., deferred the effective date of the order for 60 days pending the Federal Communications Commission's release of new rate regulations; and

WHEREAS, the new federal rate regulations allow the Town to order the basic rate of $7.45 per month for the period September 1, 1993 through May 14, 1994, when new rate regulations will come into effect;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby makes effective on May 15, 1994 its order initially adopted on March 16, 1994 regarding the basic rate of $7.45 per month.

BE IT FURTHER RESOLVED that the Council authorizes Time Warner Entertainment, L.P., to take a credit against future franchise fee payments to the Town for the amount of franchise fees paid to the Town for revenue exceeding the allowable basic rate of $7.45 per month; provided that Time Warner Cable shall also make related credits or refunds to customers for franchise fees passed on to customers for overcharges of the basic rate.

This the 9th day of May, 1994.

Item 14 Quarterly Reports

Mr. Horton noted that major crimes against persons in the Town were down by 29% and break-ins down by 35% during the third quarter of the fiscal year. He said staff hoped to maintain lower crime rates in future quarters.

Council Member Brown inquired about possible ways to measure improvements arising from the near-term completion of the Town's computerized traffic signal system. Mr. Horton stated that differences in traffic flow could be measured once the system was completed and operational.

Item 14.2 Report on Development Sustainability

Mayor pro tem Brown stated that the attractive presentation of the report to the Council was attributable to the advertising skills of Council Member Pavão. Council Member Pavão emphasized the importance of creating opportunities for public comment on development sustainability. He added that the Town's current Comprehensive Plan contained some elements of sustainability. Council Member Pavão said he thought the concept of sustainability was feasible.

Council Member Protzman said he had enjoyed working on the project. Council Member Protzman also said he hoped that all Council Members would support further discussions concerning sustainable development.

Council Member Evans said she believed that the Town was already taking several steps to encourage sustainable development. She also suggested a possible amendment to the resolution concerning the role of advisory boards and commissions.

Council Member Capowski stated that efforts were underway to simplify the Town's development process. He emphasized the importance of reviewing the nuts and bolts of the Town's development review process.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 8.2, INCLUDING REFERRAL TO THE MANAGER AND THE DESIGN REVIEW BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REFERRING A REPORT ON SUSTAINABILITY TO BOARDS, COMMISSIONS AND COMMITTEES (94-5-9/R-8.2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the report on Sustainability as submitted to the Council on May 9, 1994, to the Planning Board, Transportation Board, Parks and Recreation Commission, Greenways Commission, Solid Waste Reduction Committee, Housing and Community Development Advisory Board and the Energy Task Force for suggestions on the kinds of information needed before making decisions for Sustainable Growth, and for comments on additional actions which might be taken to promote Sustainable Growth; and that preliminary suggestions come back to the Council by the first meeting in August.

BE IT FURTHER RESOLVED that the Council refers the report on Sustainability to the Northwest Small Area Planning Work Group for consideration as the group develops its recommendations, and that preliminary suggestions come back to the Council by the first council meeting in August.

This the 9th day of May, 1994.

Item 15 Consent Agenda

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

A RESOLUTION ADOPTING VARIOUS ORDINANCES AND RESOLUTIONS

(94-5-9/R-9)

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 29, April 5, 11 and 18.

b. Biennial bridge inspection contract between the Town and NCDOT (R-10).

c. NCDOT contract for funding of Bolin Creek Greenway, Phase II (R-11).

d. Watershed Protection DOTA (O-1).

e. Rainbow Height public housing change order (R-12).

This the 9th day of May, 1994.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR BRIDGE INSPECTION (94-5-9/R-10)

WHEREAS, the Town of Chapel Hill has requested the Department of Transportation to perform certain work under the Federal Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the Town of Chapel Hill; and

WHEREAS, the Town of Chapel Hill propose to enter into an agreement with North Carolina Department of Transportation for said work wherein the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with National Bridge Inspection Standards; and

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80%) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

WHEREAS, under the proposed agreement the Town of Chapel Hill shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the agreement for the here-in-above referenced bridge inspection work is hereby formally approved by the Council and the Manager of this Municipality is hereby empowered to sign and execute the required agreement between the Town of Chapel Hill and the Department of Transportation.

This the 9th day of May, 1994.

A RESOLUTION DIRECTING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT OF $240,000 TOWARD CONSTRUCTION COSTS FOR PHASE II OF THE BOLIN CREEK GREENWAY TRAIL (94-5-9/R-11)

WHEREAS, the Department and the Town of Chapel Hill have agreed to participate in the construction of the Bolin Creek Phase II bike path, from the Community Center Park to near the intersection of Elizabeth Street with the Bolin Creek Phase I bike path; and

WHEREAS, the Town shall be responsible for the preparation of project plans, relocation of all utilities, signing, and construction of the project; and

WHEREAS, the Department agrees to reimburse the Town a lump sum of $240,000 toward the cost of the project upon completion of all work;

NOW, THEREFORE, BE IT RESOLVED that this Agreement is hereby formally approved by the Council of the Town of Chapel Hill and that the Town Manager is hereby empowered to sign and execute an Agreement with the Department of Transportation.

This the 9th day of May, 1994.

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE, ARTICLE 10, WATERSHED PROTECTION PROVISIONS (94-5-9/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance adjusting the watershed protection provisions as requested by the State Division of Environmental Management, and finds that the amendments are appropriate to correct a manifest error in the ordinance, and achieves the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED as follows:

SECTION I

AMEND Subsection 10.3.2 of the Chapel Hill Development Ordinance to read as follows:

10.3.2 Application to Existing Single Family and Two-Family Lots

The Article shall not apply to single family and two-family development constructed or to be constructed on existing single-family lots created prior to July 1, 1993. This exemption is not applicable to multiple lots under single ownership. For purposes of constructing a single-family or two-family dwelling, lots of record as of July 1, 1993 which are established through a duly approved and properly recorded final plat shall be exempt from the provisions of this ordinance.

SECTION II

AMEND Subsection 10.8.1 of the Chapel Hill Development Ordinance concerning variances from the Board of Adjustment to read as follows:

10.8.1 Application

An owner of property who alleges that the provisions of the Article leave no legally reasonable use of the property may apply for a variance.

This Article is established pursuant to North Carolina General Statutes Chapter 143, Article 21, and implementing regulations of the North Carolina Environmental Management Commission (Administrative Code Section 15 NCAC 28, .0100, .0200, and .0300), hereafter referred to as "State Watershed Regulations." A request for a variance from any requirement of this Article that does not violate conflict with any provision in State Watershed Regulations as amended, may be considered by the Board of Adjustment of the Town of Chapel Hill.

A request for a variance from any requirement of this Article that violates any provision in State Watershed Regulations as amended, shall be first heard and approved by the North Carolina Environmental Management Commission before being considered by the Board of Adjustment.

A request for a variance from any requirement of this Article that conflicts with any provision in State Watershed Regulations as amended constitutes a variance of a more significant nature. A request for such a variance may only be granted in unique circumstances when necessary to accommodate important social and economic development. A request for such a variance shall be considered by the Board of Adjustment and referred to the North Carolina Environmental Management Commission, in accordance with the following procedures:

If the Board of Adjustment decides in favor of granting the variance, the Board of Adjustment shall prepare a preliminary record of the hearing with all deliberate speed and send it to the Environmental Management Commission. The preliminary record of the hearing shall include:

a) the variance application;

b) the hearing notices;

c) the evidence presented;

d) motions, offers of proof, objections to evidence, and rulings on them;

e) proposed findings and exceptions; and

f) the proposed decision, including all conditions proposed to be added to the permit.

If the Environmental Management Commission approves the variance as proposed, approves the variance with additional conditions, or denies the variance, the Commission shall prepare a decision and send it to the Board of Adjustment. The Board of Adjustment shall prepare a final decision in accordance with the Commission's decision.

An application for a variance from the Board of Adjustment shall be filed with the Town Manager in accord with the provisions of Subsection 24.4.1. In addition to materials required by that subsection, the application must also comply with applicable submittal requirements.

On receipt of a complete application, the Town Manager shall cause an analysis to be made by appropriate Town staff based on the findings required in Subsection 10.8.2. Within a reasonable period of time, the Town

Manager shall submit the application and a report of his or her analysis to the Board of Adjustment.

SECTION III

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

This the 9th day of May, 1994.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE CHANGE ORDERS IN THE AMOUNT OF $34,688 TO DTH CONSTRUCTION COMPANY, INC. FOR THE PUBLIC HOUSING UNITS IN THE RAINBOW HEIGHTS NEIGHBORHOOD

(94-5-9/R-12)

WHEREAS, the original contract amount was $1,274,850 and the Town has approved change orders in the amount of $349,729; and

WHEREAS, the Council has established a policy for approving change orders for construction contracts which exceed the limit of $50,000;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manger to execute change orders with DTH Construction Company, Incorporated in the amount of $34,688 for the new public housing construction, as listed below and discussed in the Town Manager's report of May 9, 1994.

57. Add builder's overhead for extended $31,177.00

construction.

58. Increase bond premium for extended 3,511.00

construction.

This the 9th day of May, 1994.

Item 16 Information Reports

Mayor pro tem Brown thanked the staff for a good report on Sunset Drive improvements. She requested that staff look at more positive descriptions for traffic calming techniques and means other than speed bumps to reduce speed in the area. Mr. Horton said staff would be glad to do so.

Council Member Waldorf inquired about the possibility of incorporating Design Review Board meeting comments about the Meadowmont development proposal into the record of the Council's public hearing. Mr. Horton said given the scale of the project, this approach would be used by staff.

Noting that the Town Attorney had urged Council Members not to express public opinions about special use permit applications, Council Member Capowski asked whether Council Members were free to talk about rezoning proposals. Mr. Karpinos said this was correct. Council Member Capowski said this put the Council in an interesting position relative to the Meadowmont proposal. Noting that the amount of monetary investment by the applicant, Council Member Capowski asked whether it was possible to give input to the applicant earlier in the review process. Stating the applicant had already invested a lot of money in the proposal, Mr. Horton said the proposed process would allow additional opportunities for input.

The meeting concluded at 10:20 p.m. No report followed the Executive Session.