MINUTES OF A REGULAR MEETING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 13, 1994

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

Item 1 Ceremony

Mayor Broun recognized retired Housing Department employee Roy Alston (8 years of service) and retired Parks and Recreation Department employee Clifton Eubanks (26 years of service) for their contributions to the community.

Noting that Bicentennial Committee Co-chairperson Nancy Preston was not in attendance, Mayor Broun suggested that the Council return to the planned ceremony following Ms. Preston's arrival.

Item 2 Hearing on Proposed Ordinance Concerning Display of

House & Building Addresses

Mayor Broun noted that no citizens had signed up to speak on the proposal.

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

(8-0).

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 0.1.

Council Member Protzman said he was not sure about the wisdom of passing laws with no consequences for those who did not obey them. Council Member Protzman also said he philosophically disagree with proceeding on the matter. He suggested that it might be preferable to handle the matter with a resolution or an ordinance with stronger enforcement measures. Mr. Horton noted that the Council could either adopt a proposed ordinance with a penalty provision or adopt a resolution referring the matter to staff for further consideration. Council Member Brown said she favored proceeding with the proposal with clarifying language on some keypoints. Council Member Evans inquired whether curb-painted street address signs would meet the standards of the proposed ordinance. Mr. Horton said he believed this would be acceptable.

Stating that the proposed ordinance appeared to be unenforceable, Council Member Protzman suggested that people be encouraged to make their street addresses more visible. Mr. Horton noted that Durham County's effort to install an enhanced 911 emergency response system would require street addresses on all properties. Mayor Broun suggested that the Council support the proposed resolution, with the staff providing a report on voluntary compliance in the near future.

Noting that she had needed emergency services at her home on at least one occasion, Eunice Brock emphasized the importance of having clear numbering for homes and businesses.

Council Member Brown inquired whether any Council Members objected to enacting an ordinance with no penalties. She suggested that the staff incorporate the comments received from citizens, clarify proposed language and bring back a clearer ordinance for Council consideration.

RESOLUTION 0.1 WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS PAVÃO AND PROTZMAN VOTING NO.

A RESOLUTION REFERRING TO THE MANAGER COMMENTS REGARDING A PROPOSED ORDINANCE REGARDING DISPLAY OF STREET ADDRESSES

(94-6-13/R-0.1)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council refers to the Manager for a follow-up report the comments and questions received regarding a proposed ordinance to require display of street address numbers.

This the 13th day of June, 1994.

Mayor Broun said he was proud to recognize the work of several hundred Town citizens for their volunteer assistance with the Town's Bicentennial Celebration, culminating on Sunday, April 24th. Mayor Broun requested that Bicentennial Committee Co-Chairpersons Nancy Preston and Betty Caldwell come forward to be recognized by the Council. Mayor Broun read and presented resolutions of appreciation to Ms. Caldwell and Ms. Preston for their leadership. Mayor Broun also presented Ms. Caldwell and Ms. Preston with miniature replicas of the Town's entryway markers and limited edition books about the Town's history.

Betty Caldwell stated that the Town's Bicentennial Committee had been awarded a certificate of recognition by the Governor's Office. She thanked the Mayor and Council for their support of the Town's Bicentennial activities.

Nancy Preston thanked the Mayor and Council for the replica entranceway marker, stating that she would look with pride at the marker in the future. She presented Mayor Broun with the Bicentennial Committee's files outlining the Committee's records and activities. Ms. Preston noted that she had recently returned from a trip to Japan. She stated that the City of Kyoto, Japan had recently celebrated its 1200th anniversary. Ms. Preston said the Town had a strong feeling of community and civic pride.

Item 3 Petitions

Mr. Horton requested that the Council refer a petition from Karen Raleigh concerning Resource Conservation District regulations.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO REFER THE MATTER TO STAFF.

Council Member Brown asked what was being requested. Mr. Horton said Ms. Raleigh was seeking to broaden the purposes of the previously scheduled hearing. Council Member Brown said she would be very much opposed to this proposal. Council Member Capowski said Ms. Raleigh was seeking changes to make changes which would maintain consistency within the ordinance. Mayor Broun noted that the only question this evening was whether to receive and refer the petition to the Manager.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Mayor Broun noted that a petition had been received from the Appearance Commission about maintenance of landscaping in park and ride lots.

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

Rick Fannin said he was one of the original buyers of a Town-subsidized home in Culbreth Park subdivision. He also said when purchasers had bought the homes, the Town had agreed to maintain a list of persons with incomes twenty percent below the area's median income. He stated that three homes in Culbreth Park subdivision had recently been sold at market value, detracting from the idea of providing affordable housing. He requested that the Town maintain a list of persons with incomes twenty percent below the area's median income.

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

Gretchen Vickery said she owned a property on Valley Park Drive.

She stated that Hillcrest Road was an old roadbed in her neighborhood which had not been used for quite some time. She stated Mr. Vance Barron was requesting permission to access an easement to access his property. Ms. Vickery said she felt it would be deleterious to her property and adjoining properties to grant access through the proposed access.

Lance James, 204 Valley Park Drive, said he was concerned about drainage and runoff in the area. Mr. James also said he was concerned about the proposed location of the driveway. Expressing concern about the protection of trees and related erosion, Mr. James said he did not understand why Mr. Barron could not use existing roadways to access his property. Mr. James requested the Council's assistance in resolving the matter.

Wes Lawton said he owned a rental house at 1108 Valley Park Road, which backed up to Hargraves Road. Mr. Lawton stated that steep hills had added to area runoff problems. Mr. Lawton said he was concerned about the prospect of Hargraves Road being reopened due to unstable soils.

Sam Hoke said there was no need for another road in the area. He also said that apartments at 224 Battle Drive regularly flooded during heavier rains. Mr. Hoke stated that it would be expensive to maintain the proposed roadway and would create some additional flooding problems.

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

Council Member Brown suggested that the staff put a procedure in place for follow-up on Council discussions at work sessions. Council Member Brown said she hoped this procedure would be helpful to Council Members. Mr. Horton said it was helpful to get instructions as clearly as possible. He said follow-ups could be handled informally or staff could prepare follow-up items for consideration at the next regular Council meeting. Mayor Broun said he did not think a formal policy was needed. Council Member Brown said some questions might arise about what had been requested following work sessions.

Mayor Broun said although he did not disagree with the concept, it might be better to handle the situation on a case-by-case basis. Council Member Protzman said he thought this was a good compromise. Mayor Broun noted that at the end of work sessions he attempted to set out points of agreement. Council Member Evans said she preferred that the Council not become too structured in this regard. Council Member Brown said there was sometimes a need for the Manager to bring back a report on the Council's points of agreement and follow-up requests.

Council Member Brown inquired about the possibility of instituting a procedure to log incoming telephone calls and citizen letters on current issues. Council Member Protzman said he believed a large number of recent calls concerning solid waste fees had been made to Council Member Waldorf's and his home. Mayor Broun said he did not believe such a log or procedure was needed, since the staff distributed copies of the majority of citizen letters to the Council.

Council Member Capowski said he had recently had a lengthy discussion with Parks and Recreation Commission Chairperson Jim Ward about the ad hoc decisions relative to Parks and Recreation Department fees and policies. He stated that more specific guidelines on a variety of policies and procedures were needed.

Council Member Pavão said it was the Commission's general practice to revisit the department's fee schedule on a periodic basis. He added that such a review was likely to occur in the near future. Council Member Capowski said he was suggesting a review broader than the department's fee structure. Council Member Pavão suggested that the Council give additional instruction on specific areas of review. Mr. Horton suggested that the Council ask the Parks and Recreation Commission to do a study of the department's philosophy, usage of facilities and fee structure.

Item 4 Boards and Commissions Nominations & Appointments

Appearance Commission Nominations

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL APPLICANTS (DIANE BACHMAN, RICHARD BEHRMAN, TRAVIS BLAKE, JIM ELLIS AND SYDNEY ELSTRAN) FOR FUTURE APPOINTMENT CONSIDERATION TO THE APPEARANCE COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Greenways Commission Nominations

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS (MARK BROADWELL, VALERIE BROADWELL AND PAMELA HEMMINGER) FOR FUTURE APPOINTMENT CONSIDERATION TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

Historic District Commission Nominations

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS (DANIEL BRADFORD, SYDNEY ELSTRAN, JOSH GURLITZ, JOAN MEADE, KRISTIN REINER, JERRY SHARPE, DAVID SPRAGUE AND DIANNE STABLER) FOR FUTURE APPOINTMENT CONSIDERATION TO THE HISTORIC DISTRICT COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Housing and Community Development Board Appointments

Mayor Broun noted that the Housing and Community Development Board had recommended that the number of seats on the Board be reduced from twelve to nine. Council Member Chilton noted that he was not present at the Board meeting when this was discussed. Mayor Broun suggested delaying appointments to the Housing and Community Development Board to the June 27th meeting.

Museum Study Committee Appointments

Noting that Council Member Pavão had previously expressed interest in serving as the Committee's convener. Council Member Chilton said he thought the committee would be self-limiting in the total number of members.

BY ACCLAMATION, THE COUNCIL APPOINTED ALL TWELVE APPLICANTS TO THE COMMITTEE AND UNANIMOUSLY CONCURRED THAT COUNCIL MEMBER PAVÃO WOULD SERVE AS THE COMMITTEE'S CONVENER.

Appointment to Personnel Appeals Committee

BARBARA DE LON WAS UNANIMOUSLY REAPPOINTED TO THE PERSONNEL APPEALS COMMITTEE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Appointment to Special Committee on Public Housing-Related Needs

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO APPOINT LYNNE JOHNSON TO THE SPECIAL COMMITTEE ON PUBLIC HOUSING-RELATED NEEDS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 Town Parking Facilities Certificates of Participation

Finance Director James Baker briefly reviewed the proposal, noting that certifications of participation did not necessitate pledging the Town's full faith and credit. Town Attorney Karpinos said an installment purchase arrangement was proposed to regain security for repayment of the debt.

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

Council Member Capowski asked whether projected savings from the proposed sale of certificates of participation included all anticipated expenses. Mr. Horton said the only items not include were Mr. Baker's and his own time. Council Member Capowski asked whether it was correct that parking revenues, rather than tax revenues were being pledged for the certificates. Mr. Horton said this was correct. He stated that parking facilities could be turned over to a third party if default of the debt repayment took place. Council Member Brown asked who would assume ownership of the parking facility in this situation. Mr. Baker said the individuals or organizations purchasing the certificates of participation.

RESOLUTION 1 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION APPROVING AN INSTALLMENT PURCHASE CONTRACT AND THE SALE OF NOT MORE THAN $8,100,000 PARKING FACILITIES REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 1994 AND AUTHORIZING THE

EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION THEREWITH

(94-6-13/R-1)

WHEREAS, there have been submitted to this meeting forms of the following:

(1) Asset Sale Agreement dated as of June 1, 1994 between the Town of Chapel Hill, North Carolina (the "Town") and the Town of Chapel Hill Public Facilities Corporation (the "Corporation") (the "Asset Sale Agreement");

(2) Installment Purchase Contract dated as of June 1, 1994 (the "Contract") between the Corporation and the Town;

(3) Deed of Trust and Security Agreement, dated as of June 1, 1994 (the "Deed of Trust"), from the town to a Deed of Trust Trustee for the benefit of the Corporation;

(4) Indenture of Trust dated June 1, 1994 (the "Indenture") between the Corporation and First Citizens Bank & Trust Company, as Trustee (the "Trustee");

(5) Escrow Deposit Agreement (the "Escrow Deposit Agreement") dated the 20th day of July, 1994 between the Town and First Citizens Bank & Trust Company, as Escrow Agent;

(6) Preliminary Official Statement (the "Preliminary Official Statement") relating to the Parking Facilities Refunding Certificates of Participation, Series 1994 (the "Certificates") and the payments to be made under the Contract; and

(7) Letter of Representation, dated the 19th day of July, 1994, delivered by the Town to Interstate/Johnson Lane Corporation (the "Underwriter") and attached as Exhibit A to the Purchase Contract between the Corporation and the Underwriter.

WHEREAS, the Town Council duly conducted a public hearing on May 23, 1994 regarding the installment purchase financing of the acquisition of certain portions of the town's parking facilities and, by resolution duly adopted on May 23, 1994, the installment purchase financing of such facilities was approved subject to further action of the Town Council; and

WHEREAS, the North Carolina Local Government Commission approved the County's application for approval of the Contract on June 7, 1994; and

WHEREAS, the Town Council desires to approve the sale of the Certificates pursuant to the Purchase Contract and to authorize the execution and delivery of the Asset Sale Agreement, the Contract, the Deed of Trust, the Escrow Deposit Agreement, the Preliminary Official Statement and the Letter of Representation and other documents in connection therewith;

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

1. The Asset Sale Agreement, in the form submitted to this meeting, is hereby approved, and the Town Manager and the Town Clerk are hereby authorized and directed to execute and deliver the Asset Sale Agreement on behalf of the Town, with such changes, insertions or omissions as the Town Manager may approve, and the Town Clerk is hereby authorized and directed to affix thereto and attest the seal of the Town.

2. The Contract, in the form submitted to this meeting, is hereby approved, and the Town Manager and the Town Clerk are hereby authorized and directed to execute and deliver the Contract on behalf of the Town, with such changes, insertions or omissions as the Town Manager may approve, and the Town Clerk is hereby authorized and directed to affix thereto and attest the seal of the Town.

3. The Deed of Trust, in the form submitted to this meeting, is hereby approved, and the Town Manager and the Town Clerk are hereby authorized and directed to execute and deliver the Deed of Trust on behalf of the Town, with such changes, insertions or omissions as the Town Manager may approve, and the Town Clerk is hereby authorized and directed to acknowledge the Deed of Trust and to affix thereto and attest the seal of the County.

4. The Indenture, in the form submitted to this meeting, is hereby approved with such changes, insertions and omissions as the Town Manager may approve.

5. The Escrow Deposit Agreement, in the form submitted to this meeting, is hereby approved, and the Town Manager and the Town Clerk are hereby authorized and directed to execute and deliver the Escrow Deposit Agreement on behalf of the Town, with such changes, insertions or omissions as the Town Manager may approve, and the Town Clerk is hereby authorized and directed to affix thereto and attest the seal of the Town.

6. The Preliminary Official Statement relating to the Certificates and the use thereof in connection with the public offering of the Certificates are hereby authorized and approved.

7. A final Official Statement to be dated the date of the sale of the Certificates in substantially the form of the Preliminary Official Statement, and the use thereof in connection with the public offering and sale of the Certificates are hereby authorized and approved. The Town Manager is hereby authorized and directed to execute and deliver on behalf of the Town a final Official Statement in substantially such form, with such changes, insertions and omissions as he may approve.

8. The form of the Letter of Representation submitted to this meeting is hereby approved, and the Town Manager is hereby authorized and directed to execute and deliver the Letter of Representation on behalf of the Town with such changes, insertions or omissions as he may approve.

9. Subject to the limitations set forth herein, the Town Manager is hereby authorized to approve the terms of the Certificates, including but not limited to, the aggregate principal amount and maturities thereof, the redemption provisions thereof and the interest rates thereon; provided that (i) the principal amount of the Certificates shall not exceed $8,100,000 (ii) the final maturity date of the Certificates shall not be more than 29 1/2 years from the date thereof and (iii) the interest rates thereon shall not exceed 7 1/2% per annum.

10. The Town hereby represents that it reasonably expects the Town, together with all subordinated entities thereof and any entities which issue obligations on behalf of the Town, will not issue more than $10,000,000 of tax-exempt obligations (other than provide activity bonds, except for qualified 501(c) (3) bonds) during calendar year 1994. The Town hereby designates its obligation under the Contract and the Certificates as "qualified tax-exempt obligations" for the purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended.

11. The Mayor of the Town, the Town Clerk, the Town Manager, the Finance Officer of the Town and the Town Attorney are hereby authorized to take any and all such further action and to execute and deliver such other documents as may be necessary or advisable to carry out the intent of this resolution and to effect the installment purchase financing pursuant to the Contract.

12. This Resolution shall become effective immediately upon its adoption.

This the 13th day of June, 1994.

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

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SELL THE ROSEMARY STREET PARKING FACILITY AND THE TOWN PARKING LOT AT COLUMBIA AND ROSEMARY STREETS TO THE TOWN OF CHAPEL HILL PUBLIC FACILITIES CORPORATION AT A NEGOTIATED PRICE (94-6-13/R-2)

WHEREAS, the Town Council has initiated steps to refund the outstanding 1991 Parking Revenue Bonds through the issuance of Certificates of Participation; and,

WHEREAS, the Town of Chapel Hill Public Facilities Corporation is being incorporated as a non profit corporation under North Carolina Law; and,

WHEREAS, the refunding of the 1991 Bonds requires the Town, as an initial step, to sell the Rosemary Street Parking Facility and the Town's parking lot at the corner of Rosemary and Columbia Streets to the Town of Chapel Hill Public Facilities Corporation, which will then resell the properties to the Town, subject to a Deed of Trust to be issued by the Town securing repayment of the purchase price; and,

WHEREAS, the sale to the Town of Chapel Hill Public Facilities Corporation will facilitate the refunding of the 1991 Bonds and result in a savings of approximately $2,000,000 over the life of the refinancing; and,

WHEREAS, the facilitation of the refinancing of the 1991 Parking Revenue Bonds through the purchase of the properties by the Corporation and resale of the properties to the Town therefore constitutes a public purpose being carried out by the Corporation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to sell the property described in the attached Exhibit A to the Town of Chapel Hill Public Facilities Corporation at a negotiated price, in a minimum amount of $7,000,000.

BE IT FURTHER RESOLVED that the Manager and Attorney are authorized and directed to take any further necessary steps required to complete the transaction.

This the 13th day of June, 1994.

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

A RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT ALLOWING ACCESS TO ALL OF PARKING LOT 2 FROM THE CURRENT CORNER PORTION OF THE LOT AT ROSEMARY AND COLUMBIA STREETS (94-6-13/R-3)

WHEREAS, access to Parking Lot 2 is currently available through an entrance located on Rosemary Street near the corner of Rosemary and Columbia Streets; and,

WHEREAS, the Town Council finds that in order to facilitate the refinancing of the 1991 Town of Chapel Hill Parking Revenue Bonds it is necessary to create an access easement to assure continued access to all of Lot 2 from this corner portion of the Lot;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized, on behalf of the Town, to execute an easement allowing access through this corner portion of Lot 2 to the remaining portion of the Lot for parking purposes, as explained in the Manager's memorandum of June 13, 1994.

This the 13th day of June, 1994.

Item 6 White Rock United Holiness Church SUP

Mr. Waldon said the White Rock United Holiness Church was requesting a few modifications at its existing site. He noted that the Planning Board, Appearance Commission and staff recommended the adoption of Resolution A. No citizens wished to speak on the matter.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO CLOSE THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 4A. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE WHITE ROCK UNITED HOLINESS CHURCH (SUP 128.B.13 and part of 14A) (94-6-13/R-4a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the White Rock United Holiness Church, on property identified as Chapel Hill Township Tax Map 128, Block B, Lot 13 and part of 14, if developed according to the site plan dated December 20, 1993 and revised March 15, 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 Subsection 13.11.2 of the Development Ordinance to allow 6,865 square feet of floor area.

2. Modification of Subsection 13.11.2 of the Development Ordinance to allow 68,938 square feet of livability space.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for Special Use Permit for the United Church of Chapel Hill in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by June 13, 1997 (three years from the date of Council approval) and be completed by June 13, 1998 (four years from the date of Council approval).

2. Required Parking Lot Improvements: That when the parking lot is paved, it shall be paved to Town standards.

3. Recombination Plat: That a recombination plat, recombining the two lots that are the subject of this application, be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

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

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

6. Landscape Buffer Easements: That the Church obtain landscape easements to provide the required Type "C" buffers from all of the affected property owners and provide a copy of these easements to the Town Manager prior to issuance of a Zoning Compliance Permit.

7. Propane Tank: That the propane tank be relocated as indicated on the site plan and that it be installed according to the standards of the North Carolina Department of Agriculture and that a letter to this effect be submitted to the Town Manager prior to the issuance of a Certificate of Occupancy.

Stipulations Related to Water, Sewer and Other Utilities

8. Utility/Lighting Plan Approval: That the final utility and lighting plan be approved by Duke Power, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

9. Water and Sewer: That the applicant submit a letter of approval to the Town Manager from the Orange County Health Department regarding the proposed changes to the septic lines and field prior to the issuance of a Zoning Compliance Permit.

10. Fire Prevention and Control: That the applicant is encouraged to enter into an agreement with the owner of the nearby pond to install a fire department draft connection in the pond to supply fire department tanker trucks.

11. Dedication of Road Right of Way: That the Church dedicate to the State additional right-of-way as required, up to 25 feet from the center line of the existing gravel road, for the reconstruction and paving of the road by the North Carolina Department of Transportation.

Miscellaneous Stipulations

12. Solid Waste Management Plan: That a solid waste management plan, including a recycling plan and plan for management of construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. This solid waste management plan is to include plans for a refuse container storage area which is to be appropriately screened.

13. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), landscape plan and landscape maintenance plan and landscape protection 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.

14. 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.

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

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

17. 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 Council of the Town of Chapel Hill hereby approves the application for Special Use Permit for the White Rock United Holiness Church in accordance with the plans and conditions listed above.

This the 13th day of June, 1994.

Item 7 Chapel Hill Bible Church Roadway

Mr. Waldon said the primary unresolved issue was the extension of utilities along the proposed roadway. He noted that the staff's preliminary recommendation was that the applicant be required to extend all utilities. Mr. Waldon said the Planning Board had recommended that the applicant only extend electric and water utilities. He stated that the staff's revised recommendation was for the applicant to extend water and electrical utilities. Mr. Waldon said it would cost the applicant approximately $2,000 to $3,000 to extend electrical service along the proposed roadway. He noted that the staff recommended the adoption of Resolution A.

Mr. Paxson, the applicant's representative, requested that the applicant not be required to extend electrical service. Council Member Protzman asked whether electrical utilities would be installed underground. Mr. Waldon said this was correct. Council Member Capowski inquired about the length of the proposed roadway. Mr. Paxson said approximately five hundred and fifty feet. Council Member Capowski inquired whether the Police Department favored the installation of street lights. Mr. Horton said this was correct.

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

Council Member Protzman inquired about the proposed project buildout. Mr. Paxson said the building committee hoped that the church facility would be completed by 1999.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 5A. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION APPROVING AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF THE PIZER ROAD/CHAPEL HILL BIBLE CHURCH ROADWAY (SD-26..46) (94-6-13/R-5a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Pizer Road/Chapel Hill Bible Church Roadway proposed by the Chapel Hill Bible Church, on property identified as Chapel Hill Township Tax Map 26, Lot 46, if developed according to Preliminary Plan dated January 4, 1994 (revised April 18, 1994), and the conditions listed below, would comply with the provisions of the Development Ordinance:

Stipulations Specific to the Development

1. Turn-Around for Fire Trucks: That a temporary turn-around be provided for fire trucks and other emergency vehicles at the eastern termination of the new roadway, as indicated on the plans.

2. Required Improvements:

A. That the new roadway be constructed along the southern property line to a 33-foot cross-section (back to back), with curb and gutter and sidewalk. The roadway shall widen at the Sage Road intersection to accommodate three lanes.

Stipulations Related to State and Federal Government Approvals

3. State or Federal Approvals: That any required County, 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.

Stipulations Related to Landscape Elements

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

Stipulations Related to Water, Sewer, and Other Utilities

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

6. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring that these utilities are extended.

Miscellaneous Stipulations

7. 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 the issuance of a Zoning Compliance Permit.

8. Detailed Plans: That final detailed site plan, grading 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.

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

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

11. For Developments with New Streets - Names, Numbers: That the name of the street be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. 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.

13. Work Zone Traffic Control Plan: That a work zone traffic control plan be approved by the Town Manager 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: 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 Pizer Road/Chapel Hill Bible Church Roadway in accordance with the plans and conditions listed above.

This the 13th day of June, 1994.

Item 8 Frank Porter Graham Child Development Center SUP

Mr. Waldon said staff recommended adoption of Resolution A. Mayor Broun noted that no citizens wished to speak on the matter.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 6A. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE FRANK PORTER GRAHAM CHILD DEVELOPMENT CENTER (SUP MOD-122-B-1) (94-6-13/R-6a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application, proposed by the University of North Carolina for the Frank Porter Graham Child Development Center, on property identified as Chapel Hill Township Tax Map 122, Block B, Lot 1, if developed according to the site plan dated March, 1994 (revised April, 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 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 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 Subsection 13.11.2 of the Development Ordinance to allow 35,988 square feet of floor area.

2. Modification of Subsection 14.6.7 of the Development Ordinance to allow a deficit of 7 spaces in the number of required parking spaces.

3. Modification of Subsection 14.12.6 of the Development Ordinance to allow the continued lack of Type B buffers along the northern and eastern property lines.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the Frank Porter Graham Child Development Center in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by June 13, 1996 (two years from the date of the Council's approval) and be completed by June 13, 1997 (three years from the date of the Council's approval).

2. Required Improvements:

a. That all new drives and parking areas be designed and constructed to Town standards.

b. That the emergency access drive be extended east and north to provide better access to all the buildings on the site, and that the drive be of an all-weather surface. The extensions and surface are subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

c. That the proposed fencing for the new play area be of a design which would allow flood waters to flow freely through the fence.

d. That a fire hydrant be added in a location to be approved by the Town Manager such that the hydrant is within 500 feet of the main Center building and the modular units; or that other fire safety measures acceptable to the Town Manager are installed.

3. Off-site Parking: That the construction of additional parking on the adjacent property shall be subject to the following conditions:

a. The Town's receipt of an application form for development on the elementary school property signed by the owner of same property.

b. The Town's receipt of a Land Development Project Fact Sheet for the elementary school property, and the Town Manager's evaluation and finding that no existing land use intensity requirements nonconformities will be increased with the application.

c. That the access and parking easements described below have been recorded in the Orange County Register of Deeds Office.

4. Access Agreements: That shared access and parking easements between the elementary school property and the child development center property be reviewed for approval by the two property owners and the Town Manager, and recorded in the Orange County Register of Deeds Office, prior to issuance of a Zoning Compliance Permit.

5. Modular Units: That the three existing modular classroom units in the northeastern portion of the lot may remain on the site.

Stipulations Related to Resource Conservation District

6. 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.

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

8. Development Standards: That all development proposed within the Resource Conservation District conform to the review criteria and design/construction standards found in Subsections 5.6 and 5.8 of the Development Ordinance, unless specific exemptions are granted by the Town Manager.

All play structures must be located in the non-floodplain portion of the new play area.

Stipulations Related to Landscape Elements

9. Landscape Plan Approval: That a detailed landscape plan (including the buffer plantings), 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:

Type C buffer (minimum width 20 feet) along the western and southern property lines.

Existing vegetation and/or fencing may be used, partially or wholly, to fulfill the buffer planting requirements, where deemed sufficient by the Town Manager.

10. 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

11. 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.

12. 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 sewer lines and manhole shall be upgraded by the owner as required by OWASA for adequate sewer service.

Appropriate sewer easements, as approved by OWASA, must be recorded prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

13. 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 or by the University's Solid Waste Planner prior to the issuance of a Zoning Compliance Permit.

14. Detailed Plans: That final detailed site plan, grading plan, utility 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.

15. Stormwater Management Plan: That a stormwater management plan, based on the Town's Hydros model, be submitted for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

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

19. 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 Council hereby approves the application for Special Use Permit Modification for Frank Porter Graham Child Development Center in accordance with the plans and conditions listed above.

This the 13th day of June, 1994.

Item 9 Revisions to Cluster Subdivision Regulations

Mr. Waldon provided an overview of the proposed changes to cluster subdivision regulations. Council Member Capowski thanked the staff for an analysis of the Hilltop area. Council Member Capowski said he would support the proposed ordinance although he disagreed with the conclusion that the revisions would not impact densities.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT ORDINANCE 2. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE CLUSTER SUBDIVISION PROVISIONS (94-6-13/O-2)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendments to the Chapel Hill Development Ordinance adjusting the cluster subdivision provisions, and finds that the amendments are 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 as follows:

SECTION I

AMEND Subsection 17.8.2 of the Chapel Hill Development Ordinance to read as follows:

17.8.2 General Approval Requirements

The Council, on recommendation of the Planning Board, may approve a cluster subdivision in any residential district if it finds that:

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

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

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

d) The recreation area reserved shall conform to the recreation area standards of subsection 17.9 of this article.

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

Only the minimum recreation area reservation required in subsection 17.9.2 may be dedicated outside the boundaries of the land being subdivided as specified in subsection 17.9.7.

SECTION II

AMEND Subsection 17.8.3 of the Chapel Hill Development Ordinance to read as follows:

17.8.3 Reduction in Lot and Setback Requirements

For lots created as part of a cluster development, minimum gross land area, minimum lot width, and minimum setback requirements may be reduced as follows:

a) Minimum gross land area requirements specified in Section 13.5.2 may be reduced by fifty percent (50%) to 5,500 square feet gross land area.

b) Minimum lot width requirements specified in Section 13.11 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced by twenty percent (20%) to 50 feet.

c) Minimum street setback requirements specified in Section 13.11 may be reduced by fifty percent (50%) to 10 feet except where the street lot line forms an exterior boundary of the cluster development.

d) Minimum interior setback requirements specified in Section 13.11 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to eight (8) feet except where the interior lot line forms a boundary of the cluster development.

e) Minimum solar setback requirements specified in Section 13.11 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to ten (10) feet except where the north lot line forms a boundary of the cluster development.

SECTION III

AMEND Subsection 13.5.2, fifth paragraph, of the Chapel Hill Development Ordinance to read as follows:

For zoning lots that are part of a subdivision approved as a cluster development (see Section 17.8), the above minimum gross land area requirements may be reduced by fifty percent (50%) to 5,500 square feet gross land area.

SECTION IV

AMEND Subsection 13.6.2, last paragraph, of the Chapel Hill Development Ordinance to read as follows:

Where a zoning lot is in a R-LD5, R-LD1, R-1A, R-1, R-2A, or R-2 zoning district and is part of a subdivision approved as a cluster development (see Section 17.8), the minimum lot width requirement specified in Section 13.11 may be reduced by twenty percent (20%) to 50 feet.

SECTION V

AMEND Subsection 13.9.4, second paragraph, of the Chapel Hill Development Ordinance to read as follows:

Where a zoning lot is part of a subdivision approved as a cluster development (see Section 17.8), the minimum street setback specified in Section 13.11 for the zoning district may be reduced by fifty percent (50%) to 10 feet. Such reduction shall not be permitted where the street lot line forms an exterior boundary of the subdivision.

SECTION VI

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

This the 13th day of June, 1994.

Item 10 Reuse of Former Library Building

Assistant Town Manager Sonna Loewenthal said a number of uses had been proposed for the building, including use as Parks and Recreation administrative offices or as a day care center. She noted that University regulations had precluded execution of a lease with the Principals Executive Program. Ms. Loewenthal stated that the Orange-Person-Chatham (OPC) Mental Health Center, Chapel Hill Day Care Center and the Museum Study Committee had all proposed reuse of the former library building. She said that the resolution before the Council this evening would authorize lease negotiations with OPC for administrative use of the building for five years.

Marsha Lawrence, a member of the Chapel Hill Day Care Center Board, said the agency had provided day care services for more than 26 years. She noted that renovations to the existing day care center would take about seven months to complete, necessitating temporary relocation of the center's activities. Noting the scarcity of good day care in the Town, Ms. Lawrence said the day care center wanted to double the size of its facility to 6,000 square feet. Ms. Lawrence said the center could pay up to $1,550 per month for rental of half of the upstairs of the library building. She also said the library was the only alternative site investigated which met State regulations for day care centers.

Council Member Brown asked whether State licensing officials had examined the library building. Ms. Lawrence said Town Inspections staff had examined the building in October, 1993 and concluded that building would meet regulations if properly modified. Mayor Broun inquired what kind of renovations would be needed to use the former library building as a day care center. Ms. Lawrence said it would be necessary to block off the building's stairwell, convert the side parking lot into a play area and cover or shatterproof existing building glass. Mayor Broun asked whether the day care center was willing to restore the building to its original state. Ms. Lawrence said yes. Council Member Capowski asked how many children the proposed facility would serve. Ms. Lawrence said fifty. Council Member Capowski asked about the facility's need for parking spaces. Ms. Lawrence said spaces in the side lot and two spaces in the rear lot, for a total of seven spaces, would be needed. Council Member Capowski asked whether the day care facility would be open at night. Ms. Lawrence said the day care center would not be open at night or on weekends.

Hawley Oakes, President of the East Franklin Neighborhood Association, said residents of his neighborhood were happy that the Council was spending a lot of time on this matter. Mr. Oakes said he favored a museum in the former library building. Noting that OPC was seeking a five-year lease, Mr. Oakes stated that it was difficult to uproot a tenant after this length of time in one location. He urged the Council to authorize a building lease of three years or less.

Lee Corum said he supported a museum in the former library building. Mr. Corum urged the Council to consider a three year lease option for the building. He inquired whether the intent of term thirteen on page four of the proposed lease was for a 180-day cancellation notice period. Mr. Horton said this clause was included in each draft discussed to date. Mr. Corum said this provision was agreeable to the Museum Study Committee.

Victoria Tackett said members of the Museum Study Committee had previously submitted the names of over three hundred persons who supported a Town museum in the former library building. Ms. Tackett also said she believed that insufficient public information had been disseminated for the Council to act on the matter this evening. She stated that it would be a waste of funds to convert the library building to office space and then spend additional funds for conversion into a museum. Ms. Tackett said the task of putting together a museum was a major undertaking. She urged the Council to think about possible short-term uses and long-term views for the building.

Tom Maynard, representing OPC Mental Health, said he did not like

being in the position of arguing against a museum or day care center. He noted that OPC Mental Health was also investigating the possibility of moving into office space formerly occupied by the Principals Executive Program at Carr Mill Mall. Council Member Capowski asked whether a three or four-year lease was acceptable to OPC. Mr. Maynard said a five year lease was needed for OPC to recover its costs. Council Member Capowski inquired about the possibility of a financial provision contained in a lease of less than five years whereby financial assistance would be provided for relocation of OPC officers. Mr. Maynard said OPC would incur a lot of costs in finding new office space, even with financial assistance and 180-day notice.

Council Member Brown inquired about the adequacy of the building's existing heating and air conditioning system. Mr. Horton said the system's adequacy would depend upon the type of facility use envisioned. Ms. Loewenthal said the system was set up for large open spaces such as the proposed day care center or OPC administrative offices. Council Member Pavão asked whether the system would be adequate to handle forty to forty-five building tenants. Mr. Horton said yes. Noting that the proposed museum would require a certain amount of move-in time, Council Member Capowski said he had no problem coordinating this situation if NEH provided museum funding. Mr. Karpinos said the Council could make its intent known on this matter. Council Member Pavão inquired about timing in this regard. Mr. Karpinos said it would be prudent to announce the Council intent if a grant was made available to develop a museum.

Council Member Brown said it was likely that it could take a considerable period of time to receive any federal grant funding for a proposed museum project. Council Member Pavão inquired when the Museum Study Committee could take occupancy of the former museum building in the event that funding for development of a museum was received. Mr. Karpinos said language to work out these situations would be based on future events. Mayor Broun said if the former library building were leased to OPC, it would be necessary to have a provision for providing compensation for early termination of the lease agreement.

Council Member Protzman said he felt optimistic that the museum would be developed in the future. He also noted that a local day care operation was facing the possibility of having to shut down operations for a short period of time. Council Member Protzman encouraged the Council to think about this situation. Council Member Evans said she favored the day care proposal. She noted that a larger day care facility was ultimately planned in the Southern Village area.

Council Member Chilton said although it appeared that the day care center was in serious need of space, it was only fair to move forward with OPC's request or to open up the process to new applications. Council Member Chilton also said he favored moving forward with negotiations with OPC Mental Health.

Council Member Brown said although she was sympathetic to the needs of OPC and the day care center, she urged the Council not to lease the building for a long period of time. Council Member Brown stated that she favored a historical museum since it would be compatible with the existing neighborhood. Mayor Broun noted that procedurally, the Council only needed to reach closure on OPC's request this evening.

Noting that the day care center was seeking 3,000 square feet to lease for a short time, Council Member Capowski inquired whether it was feasible for OPC to share the library building with the day care center for a short period of time. Mr. Maynard said this was not inconceivable. He added that the number of parking spaces might pose the greatest obstruction to this arrangement. Mayor Broun inquired whether it was correct that OPC was not interested in a lease with a short lease termination notice period. Mr. Maynard said although additional compensation was somewhat attractive, OPC needed big blocks of space for offices.

Council Member Powell noted that a day care center would be closer to a museum in terms of building use compatibility. Council Member Brown asked why the former library building was more attractive than other options for OPC. Mr. Maynard said OPC preferred permanent space, rather than leasing space. He said in the short term, OPC could make do with offices in leased space.

COUNCIL MEMBER CHILTON MOVED ADOPTION OF RESOLUTION 7A.

Council Member Capowski proposed that the lease termination option be extended from 180 days to one year. Council Member Chilton concurred with the proposed amendment.

COUNCIL MEMBER CAPOWSKI SECONDED RESOLUTION 7A, AS AMENDED.

Council Member Pavão asked whether all prospective tenants were aware of the proposed lease termination provision. Mr. Horton said this had only applied to negotiations with OPC. Mr. Maynard said a 180-day term did pose problems for OPC. Council Member Chilton inquired whether the intention was for the lease to be executed with OPC. Mr. Horton yes, if this was the Council's direction.

Council Member Chilton favored maintaining some flexibility and degree of negotiation concerning lease termination provisions.

Council Member Powell inquired whether it would be possible for OPC to vacate the library building within one year if it received a notice to vacate after two years. Mr. Maynard said any lease period of less than five years would be very difficult for OPC to accommodate. Council Member Brown asked whether it was correct that neither a 180 day or one year lease termination option would be attractive to OPC. Mr. Maynard said it would be very unattractive to have a commitment of less than five years.

Mayor Broun articulated the Council's dilemma of balancing the desire for receiving income from the building against preserving the building for future use as a museum. Council Member Capowski said the museum committee had little control over when and if the grant would be available. Mayor Broun said OPC's long-term building needs were incompatible with the Town's short-term needs.

Council Member Chilton urged the Council not to enter into a lease agreement and then disingenuously break off the lease after two and a half years to accommodate development of a museum. Council Member Chilton said OPC still had a very good, fiscally responsible proposal.

RESOLUTION 7A, AS AMENDED, FAILED BY A VOTE OF 2-6, WITH COUNCIL MEMBERS CAPOWSKI AND CHILTON VOTING AYE.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 7B.

Mayor Broun inquired when the Day Care Center needed a final decision possible use of the library building. Ms. Lawrence said by September, 1994. Council Member Evans inquired whether the proposed resolution could be adjusted to accommodate the possibility of a day care center. Mr. Horton said such a resolution could be brought back at the August 22nd meeting. Council Member Evans inquired about the possibility of receiving additional proposals for use of the space. Mayor Broun stated that the matter could be left open for the time being.

RESOLUTION 7B WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PAVÃO VOTING NO.

A RESOLUTION AUTHORIZING THE MANAGER TO REQUEST PROPOSALS FOR LEASE OF THE OLD LIBRARY BUILDING AT 523 EAST FRANKLIN STREET

(94-6-13/R-7b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to request proposals for lease of the Old Library Building, and to receive such proposals through September 30, 1994. The Manager shall give a preliminary report to the Council by October 24th on the proposals received, and shall make recommendations by December, 1994, subject to any policy direction by the Council in reviewing the preliminary report.

This the 13th day of June, 1994.

Item 11 Streetscape Program

Mr. Horton said the Council had previously requested that the Council postpone the pilot streetscape project until the latter part of the summer. He stated that the staff offered several options for the Council's consideration this evening. Mr. Horton said the staff recommended moving ahead with a pilot project on West Franklin Street.

Mayor Broun inquired whether it was correct that the $150,000 in State funding could only be used on State-maintained roads such as Franklin Street. Mr. Horton said this was correct.

Milton van Hoy said he favored proceeding with the project as originally proposed. He stated that it would be a waste of taxpayers money to cancel the proposed project. Mr. van Hoy said the project was for the whole Town, not just property owners and renters in the area.

Nancy Gabriel, a life-long Town resident, said she worked in the area of the proposed streetscape pilot project. She stated that the staff was offering an extremely practical construction schedule with good flexibility. Ms. Gabriel said many of the proposed improvements were long overdue repairs. She suggested that the Council adopt resolutions b and c.

Robert Humphreys read a note from Nancy Preston urging the Council to support the use of funds for streetscape improvements. Mr. Humphreys said urged the Council to use available funds for streetscape projects. Mr. Humphreys also publicly thanked former Public Works employee Debra Roach for her assistance with the streetscape project.

David Rudolf, a business operator and property owner of 312-320 West Franklin Street and 410-412 West Franklin Street, said the streetscape proposal process had been handled in a fair manner. Mr. Rudolf said he favored moving ahead with the original proposal for a pilot streetscape project. Mr. Rudolf noted that although there would be some disruption from the proposed project, it would be worth it to realize physical improvements in the downtown area.

Creighton Humphreys, a local merchant, said he had seen the area of the proposed streetscape project deteriorate over the last few years. He stated that the proposed project was a good one. Mr. Humphreys said he supported going ahead with the proposed project as originally planned.

Chris Belcher, a downtown merchant for about six years, encouraged the Council to proceed with the proposed streetscape plan.

Kathy Kennedy, owner of the Ben and Jerry's Ice Store on Franklin Street, said a lot of time and planning had gone into the project.

Ms. Kennedy said she would be willing to accommodate a portion of a pilot streetscape project in front of her business.

Don Eason, representing the North Carolina Original Sports Bar,

said all merchants along the north side of the proposed pilot project were willing to participate in the project. Mr. Eason said he welcomed the proposed project.

John Hudson, representing Chapel Hill Sportswear, said there was a need to repair portions of West Franklin Street. Noting that there would be a need for some inconvenience during the project's construction, Mr. Hudson said he had no objection to his business being included in a pilot streetscape project.

John Woodward, owner and operator of Sutton's Drug Store, said most merchants agreed about the need to get the project started.

Robert Bacon, owner of Hill Country Woodworks, said he did not realize how much the Town was deteriorating. Mr. Bacon said although he was interested in making things better, he was also very concerned about the impact of the proposed project on merchant's business activity during the construction phase. Mr. Bacon stated that a number of out-of-town customers had indicated that the current West Franklin Street was very unique and pleasant.

Council Member Capowski inquired about the possible extent of the streetscape project if it were to begin at West Franklin Street and Merritt Mill Road. Public Works Director Bruce Heflin estimated that the project could extend to a large tree in front of Chapel Hill Tire. Council Member Capowski inquired about the possible scope of a project in the 100 block of East Franklin Street.

Mr. Heflin said he had less information about this project. He also noted that it would involve the need for some curb realignment. Noting that the Town had recently spent money to improve lighting on West Franklin Street, Council Member Capowski asked whether the proposed streetscape improvements would further improve lighting functionality. Mr. Heflin said it was doubtful that significant lighting upgrades would take place in the proposed pilot project area.

Council Member Brown asked whether the proposed Top of the Hill project had incorporated plans for streetscape improvements in its proposal. Mr. Heflin said this was correct. Council Member Brown suggested that the proper place to start the streetscape project might be on East Franklin Street near the Top of the Hill.

Council Member Protzman inquired about the staff's best estimate for completing the pilot streetscape project. Mr. Heflin said the project would involve a total of five sections, with each section taking two to three weeks to complete, barring utility-related problems. Council Member Protzman asked whether pedestrians would be able to use sidewalks during the project's construction phase. Mr. Heflin said there would be very short periods when concrete was excavated. He stated that concrete would be laid over plywood and as much construction activity as possible would occur when businesses were closed. Council Member Protzman inquired whether the Ben and Jerry's area had been considered as a possible location for a pilot project. Mr. Heflin said this area had not been examined in a detailed fashion.

Council Member Brown inquired about parking availability during project construction. Mr. Heflin said attachment seven of the report before the Council attempted to address these concerns.

He stated that steps would be taken to minimize parking-related disturbances.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 8B.

Council Member Brown said she wanted the streetscape project to be successful and not generate any hard feelings. She stated that going ahead with the project could result in some hard feelings. Council Member Brown suggested that the Council consider a different area for the pilot streetscape project.

Council Member Evans said she thought there was an opportunity to build bridges. Council Member Evans also said she hoped to talk to many people in the proposed pilot project area. She suggested that streetscape project funds be separated and spread throughout the area.

Mayor Broun said he thought the proposed pilot project was well-planned. Mayor Broun also said he thought resolution b was an acceptable way to proceed.

Council Member Capowski said the objectives of the streetscape pilot project were to increase the safety, beauty and marketability of the downtown area. Council Member Capowski also said he supported resolution b. He suggested that the Council focus streetscape projects in areas with heavy foot traffic and merchants supportive of the program. Council Member Capowski asked whether the streetscape project could go ahead this summer if resolution b were adopted this evening. Mr. Horton said the project could be started but not completed by the end of the summer.

RESOLUTION 8B WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS BROWN AND PROTZMAN VOTING NO.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO FORMALLY SURVEY AND MEET WITH DOWNTOWN MERCHANTS AND PROPERTY OWNERS TO REVIEW A DEMONSTRATION PROJECT FOR IMPLEMENTATION OF THE DOWNTOWN STREETSCAPE MASTER PLAN (94-6-13/R-8b)

WHEREAS, the Council previously approved a site for a demonstration project as part of the implementation of the Downtown Streetscape Master Plan; and

WHEREAS, all affected parties need to have the opportunity to review and comment the proposed project, including scheduled construction;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to formally survey and to schedule a meeting in Town Hall with downtown property owners and business operators to review and comment on a proposed demonstration project as part of the implementation of the Downtown Streetscape Master Plan.

This the 13th day of June, 1994.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REQUEST A FOLLOW-UP REPORT FROM THE MANAGER ON HOW TO UTILIZE STATE DEPARTMENT OF TRANSPORTATION FUNDS FOR STREETSCAPE PROJECTS.

Mr. Horton said staff could provide a follow-up report in August or September on this matter. Council Member Powell asked whether the $150,000 was specifically requested for improvements along Merritt Mill Road and Roberson Street. Mr. Horton said no, noting that the Council could direct how these funds would be used.

THE MOTION TO REFER WAS ADOPTED UNANIMOUSLY (8-0).

Item 12 Park and Ride Lot Bid Awards

Mr. Horton said the Council had authorized the staff to seek proposals for the Eubanks Road park and ride lot. He stated that the lowest responsive bid was found to be non-responsive due to apparent non-compliance with Women and Minority contractor standards. He stated that the bid was not to exceed $595,078.

Council Member Capowski inquired whether the lowest bidder currently had other contracts with the Town. Mr. Horton said this contractor was handling grading at the Orange County landfill. Mr. Heflin said this project had been completed. Council Member Capowski asked whether the contract of the lowest responsive bidder were valid. Mr. Horton said he believed so.

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

A RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE EUBANKS ROAD PARK/RIDE LOT (94‑6‑13/R-9)

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on April 17, 1994 in accordance with G.S. 143‑129 for the Construction of the Eubanks Road Park/Ride Lot; and

WHEREAS, the following bids were received and opened on May 24, 1994:

1. Mellott Trucking & Supply = $628,842.45

2. Teer Company = $635,672.05

3. CC Mangum, Inc. = $751,373.00

4. Triangle Paving, Inc. = $793,445.00

and

WHEREAS, the lowest cost proposal submitted by Mellott Trucking and Supply was determined to be non‑responsible by not meeting the stated goal for participation by Disadvantaged and Women Owned Business Enterprises and by not providing documentation to the Town sufficient to conclude that reasonable good faith efforts were made to engage such firms; and,

WHEREAS, the second lowest cost proposal submitted by the Teer Company did meet the stated goal for participation by Disadvantaged and Women Owned Business Enterprises; and,

WHEREAS, the Teer Company has agreed to modify its proposal to meet the construction budget by deleting the cost for bus shelters, bike lockers, and bike racks;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the contract for the Construction of the Eubanks Road Park/Ride Lot be awarded to the Teer Company in the amount of $595,078.00.

This the 13th day of June, 1994.

Mr. Horton said construction of the U.S. 15-501 south park and ride lot would coincide with construction activity of the proposed Southern Village. He stated that staff was recommending alternate one plus the base bid only.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE US 15‑501 SOUTH PARK/RIDE LOT (94‑6‑13/R-10)

WHEREAS, the Town Council of the Town of Chapel Hill has solicited formal bids by legal notice on April 17, 1994 in accordance with G.S. 143‑129 for the Construction of the 15‑501 South Park/Ride Lot; and

WHEREAS, the following bids were received and opened on May 31, 1994:

BIDDER	Teer Company	C.C. Mangum	Triangle Paving
Base Bid	$588,033.00	$649,439.00	$686,337.00
Alternate I*	3,040.00	4,789.30	3,325.00
Total	$591,073.00	$654,228.00	$689,662.00

*Thickens asphalt in the access road.

BIDDER	Teer Company	C.C. Mangum	Triangle Paving
Base Bid	$588,033.00	$649,439.00	$686,337.00
Alternate II*	62,400.00	42,057.79	67,985.00
Total	$650,433.00	$691,496.79	$754,322.00

*Concrete instead of asphalt for the access road.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the contract for the construction of the 15‑501 South Park/Ride Lot be awarded to Teer Company in the amount not to exceed $591,033.00.

BE IT FURTHER RESOLVED, that the Town Manager is authorized to negotiate an increase in the area paved with concrete, within the limits of the project budget.

This the 13th day of June, 1994.

Item 13 Citizens Advisory Committee--Solid Waste Study

Council Member Chilton said each of the four governing bodies were being asked to appoint two representatives each. Mayor Broun inquired whether the representatives would be Council Members or citizens. Council Member Chilton said citizens would serve as representatives.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11.

Council Member Brown said the Solid Waste Reduction Committee and Solid Waste Task Force had generated a number of competent citizen experts. Council Member Chilton said Carrboro Alderman Michael Nelson had suggested not prejudging the types of representatives who might be appointed to the proposed committee. Council Member Brown said the roles of the resource and voting groups were unclear. Council Member Chilton said the resource group would be given direction on the study itself and related policies. Council Member Brown asked whether the proposed committee was a decision-making body. Council Member Chilton said the committee served in an advisory capacity with oversight by the Landfill Owners Group.

Council Member Brown said although she strongly believed in citizen's group, she was very unclear about the proposal before the Council. Council Member Chilton said there were many available options since the actual scope of work would proceed based on input at public hearings.

RESOLUTION 11 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION AUTHORIZING THE RECRUITMENT OF MEMBERS FOR THE "ORANGE SOLID WASTE PLANNING ADVISORY COMMITTEE" (94-6-13/R-11)

WHEREAS, the Orange Regional Landfill Owners' Group has developed the scope of work for an integrated solid waste management plan study to provide guidance on future solid waste management options; and

WHEREAS, the Owners' Group values and desires citizen input and oversight during development of an integrated solid waste management plan; and

WHEREAS, the Owners' Group has recommended the creation of a citizens' advisory committee to enhance public participation;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to recruit applicants for appointment to the Orange Solid Waste Planning Advisory Committee and to bring forward a applications for consideration by the Council.

This the 13th day of June, 1994.

Item 14 Consent Agenda

Council Member Brown requested removal of items b, i and l. Council Member Capowski requested removal of item d.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 12, EXCEPTING ITEMS B, D, I AND L. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (94-6-13/R-12)

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

a. Minutes of May 9, 11, 16, 17 and 24.

b. Scheduling forum on draft 1995-2001 Transportation Improvements Program (R-13).

c. Audit contract for fiscal year 1993-1994 (R-14). Mayor Broun.

d. Police computer system bid award and acceptance of lease-purchase proposal for computer equipment and programs (R-15).

e. Emergency generators bid award (R-16).

f. Ward Street paving project funding (O-3).

g. Oaks condominiums drainage improvements project funding (R-17, O-4).

h. July 4th celebration arrangements (R-18).

i. Signs in street rights-of-ways (R-19).

j. Process for additions to Comprehensive Plan

(R-20a&b).

k. Continuation of hearing for Homestead Village subdivision (R-21).

l. Solid waste flow control (R-22).

m. Cable television service in Chapel Hill-Carrboro City schools (R-23).

n. Response to Citizens for Livable Communities petition (R-24, 25). No action recommended.

This the 13th day of June, 1994.

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ANNUAL AUDIT CONTRACT FOR FISCAL YEAR 1993-94 (94-6-13/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor to sign a contract with the CPA firm of Deloitte & Touche in the amount of $38,619 for conducting the annual audit for fiscal year 1993-94.

This the 13th day of June, 1994.

A RESOLUTION ACCEPTING A BID FOR TWO EMERGENCY GENERATORS

(94-6-13/R-16)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill News on April 22, 1994 in accordance with General Statute 143-129 for two emergency generators; and

WHEREAS, the following bids were received and opened on May 12, 1994:

First Bid: Alternate Bid:

Company Total Bid Company Total Bid

Gregory Poole $25,511 Gregory Poole $51,022

Power Systems Power Systems

Ezzel Electric $30,556 Ezzel Electric No Bid

Company Company

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the alternate bid of Gregory Poole Power Systems in the amount of $51,022 in response to the Town's request for bids published April 22, 1994 and opened May 12, 1994 in accordance with G.S. 143-129.

This the 13th day of June, 1994.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993." (94-6-13/O-3)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993" as duly adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

CURRENT REVISED

BUDGET INCREASE DECREASE BUDGET

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Transfer to Capital

Improvements Fund

$91,000 $20,000 $111,000

CAPITAL IMPROVEMENTS

FUND

$827,901 $20,000 $847,901

CURRENT REVISED

BUDGET INCREASE DECREASE BUDGET

REVENUES

GENERAL FUND

Fund Balance $1,201,951 $20,000 $1,221,951

CAPITAL IMPROVEMENTS

FUND

From General Fund $91,000 $20,000 $111,000

This the 13th day of June, 1994.

A RESOLUTION RECEIVING A PETITION FOR DRAINAGE IMPROVEMENTS AS REQUESTED BY THE OAKS CONDOMINIUM OWNERS (94-6-13/R-17)

WHEREAS, the Town has received a petition for drainage improvements to mitigate intermittent flooding at The Oaks Condominiums off Burning Tree Drive north of N.C. 54; and

WHEREAS, the petition has been determined to be valid under State law;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith receives said petition for drainage improvements under and adjacent to Burning Tree Drive at The Oaks Condominiums.

This the 13th day of June, 1994.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993" (94-6-13/O-4)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1993" as duly adopted on June 28, 1993 be and the same is hereby amended as follows:

ARTICLE I

CURRENT REVISED

BUDGET INCREASE DECREASE BUDGET

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Transfer to Capital

Improvements Fund

$111,000 $23,000 $134,000

CAPITAL IMPROVEMENTS

FUND

$847,000 $23,000 $870,901

CURRENT REVISED

BUDGET INCREASE DECREASE BUDGET

REVENUES

GENERAL FUND

Fund Balance $1,221,951 $23,000 $1,244,951

CAPITAL IMPROVEMENTS

FUND

From General Fund $111,000 $23,000 $134,000

This the 13th day of June, 1994.

A RESOLUTION AUTHORIZING AGREEMENTS AND RELATED ACTIONS FOR THE JULY FOURTH COMMUNITY CELEBRATION (94-6-13/R-18)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into agreements on behalf of the Town for use of Kenan Stadium and other University facilities, a fireworks display, a musical program, and private co-sponsorships; and to take related actions such as application for all necessary permits for a July Fourth celebration at Kenan Stadium.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to temporarily close Ridge Road in the vicinity of the Ramshead parking lot between Manning Drive and Stadium Drive on the evening of July 4, 1994 and on the rain date of July 5, 1994, if necessary.

BE IT FURTHER RESOLVED that the Council expresses its sincere appreciation to the Town of Carrboro, the University of North Carolina at Chapel Hill Department of Athletics, Office of Business and Finance, and Department of Physical Education for their willingness to make facilities and staff available for this community celebration; to the University Departments of Police, Traffic and Parking, and Health and Safety for their cooperative support, and to The Chapel Hill Herald Newspaper, WCHL Radio, Saturn of Chapel Hill, Cablevision, Resolute Building Company, Domino's Pizza, Village Companies Foundation, and the First Union Bank for their support and participation to help make the July Fourth community celebration possible.

This the 13th day of June, 1994.

A RESOLUTION DIRECTING THE MANAGER TO PREPARE REVISIONS TO THE ALTERNATIVE LOCAL STREET DESIGN REPORT FOR INCLUSION IN THE TOWN'S COMPREHENSIVE PLAN (94-6-13/R-20a)

WHEREAS, Chapel Hill wishes to promote increased pedestrian and bicycle use throughout the Town as a safe alternative form of transportation; and

WHEREAS, the implementation of "traffic calming" strategies has been shown to reduce unnecessary automobile traffic and reduce speeds traffic speeds; and

WHEREAS, in 1992 the Town prepared a summary of traffic calming strategies in the Alternative Local Street Report; and

WHEREAS, the inclusion of traffic calming strategies would be a useful addition to the Town's Comprehensive Plan.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Town Manger be directed to revise the Alternative Local Street Design Report to incorporate new information and be prepared in a format appropriate for possible inclusion in the Town's Comprehensive Plan.

This the 13th day of June, 1994.

A RESOLUTION DIRECTING THE MANAGER TO PREPARE REVISIONS TO THE TOWN BICYCLE PLAN (94-6-13/R-20b)

WHEREAS, Chapel Hill wishes to promote increased bicycle use throughout the Town as a safe alternative form of transportation; and

WHEREAS, in 1989 the Council received a Transportation Report including a Bicycle component; and

WHEREAS, new federal transportation planning guidelines and the adoption of a Durham-Chapel Hill-Carrboro Urban Area Regional Bicycle Plan have recommended new bicycle policies;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that the Town Manager be directed to revise the Chapel Hill Bicycle Plan, prepared in a format appropriate for possible inclusion in the Town's Comprehensive Plan.

This the 13th day of June, 1994.

A RESOLUTION CONTINUING A PUBLIC HEARING ON HOMESTEAD ROAD SUBDIVISION (94-6-13/R-21)

WHEREAS, the Council held a Public Hearing on May 16, 1994, to consider the Homestead Village Preliminary Plat application; and

WHEREAS, that Hearing was recessed and continued until June 13, 1994; and

WHEREAS, additional information still needs to be prepared for the Council's consideration of this application;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Public Hearing on the Homestead Village Preliminary Plat application is continued until June 27, 1994, at 7:30 pm in the Chapel Hill Town Hall.

This the 13th day of June, 1994.

A RESOLUTION REFERRING A PETITION FROM THE CHAPEL HILL-CARRBORO CITY SCHOOLS TO THE TOWN COUNCIL'S CABLE TELEVISION NEGOTIATING TEAM (94-6-13/R-23)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers to the Cable Television Negotiating Team the petition from the Chapel Hill-Carrboro City Schools, along with the Town Manager's report on this subject dated June 13, 1994, for consideration during the remaining negotiations with the cable company.

This the 13th day of June, 1994.

Council Member Brown said two weeks public notice to receive comment on transportation-related matters was insufficient. She suggested that the Council adopt a resolution requesting that the State allow additional time for public comment. Council Member Brown inquired about the status of possible improvements to South Columbia Street. Mayor Broun said a feasibility study for South Columbia Street was included in the current TIP project priority listing. Mr. Horton noted that the Council had asked the staff to prepare a report on what to seek in concert with the feasibility study. Council Member Brown emphasized the importance of keeping South Columbia Street area residents apprised about proposals.

Mayor Broun said he agreed about the need for an open process. He also said the Council needed to move forward with proposed resolution and to join with the Transportation Advisory Committee and other groups in requesting additional time for public participation in the review of future proposed Transportation Improvement Programs. Mayor Broun added that the proposed TIP also contained projects which no one had ever commented upon.

Council Member Brown said she was suggesting that the Council adopt and forward a resolution to the State Transportation Board outlining the need for a longer public comment period. Council Member Capowski asked whether the Council was asking the Manager to place the proposed TIP on the June 27th agenda for a public forum. Mayor Broun said this was correct, adding that a general hearing for Orange and Durham Counties was scheduled for June 21st.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION SCHEDULING A PUBLIC FORUM FOR JUNE 27, 1994 TO RECEIVE PUBLIC COMMENT ON THE DRAFT DURHAM-CHAPEL HILL-CARRBORO 1995-2001 LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (94-6-13/R-13)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has approved a draft 1995-2001 Local Transportation Improvement Program; and

WHEREAS, the Transportation Advisory Committee has requested public comment on the Draft Transportation Improvement Program; and

WHEREAS, the citizens of Chapel Hill have a direct interest in the Local Transportation Improvement Program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a public forum be scheduled for June 27, 1994 to receive citizen comment on the Draft Transportation Improvement Program.

This the 13th day of June, 1994.

Council Member Capowski expressed thanks to a number of computer professionals and concerned citizens, especially Bob Shriner and Bill Graves for their assistance to the Police Computer Committee.

Council Member Capowski said he looked forward to the future availability of the police department's computer system.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 15A. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION AWARDING A CONTRACT FOR THE POLICE COMPUTER SYSTEM (94-6-13/R-15a)

WHEREAS, the Town of Chapel Hill has solicited formal bids by legal notice in The Chapel Hill Newspaper on April 3, 1994 in accordance with G.S. 143-129 for a computer recordkeeping system for the Police Department; and

WHEREAS, one bid was received, opened, and publicly read on May 2, 1994:

Vendor Price

Vision Software, Wilmington, NC $187,256

$193,181

$202,619

(based on three different hardware options)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the May 2, 1994 bid of Vision Software for a recordkeeping computer system in the Chapel Hill Police Department in the amount $187,256 in response to the Town's request for bids published April 3, 1994 and opened on May 2, 1994.

This the 13th day of June, 1994.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 15B. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION ACCEPTING THE PROPOSAL OFFERED BY FIRST CITIZENS BANK FOR THE LEASE PURCHASE OF COMPUTER EQUIPMENT AND PROGRAMS

(94-6-13/R-15b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the proposal of First Citizens Bank and Trust Company to finance the lease-purchase of new financial and accounting computer programs over a four year period at a fixed interest cost of 4.54%.

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager, Town Attorney and Finance Director to execute the necessary contract documents to complete the lease purchase financing agreement for said computer and equipment programs.

This the 13th day of June, 1994.

Council Member Brown said she would vote against the proposed resolution concerning posting of political signs. She said the possibility of reforming campaign regulations needed to be considered. There was no motioner or seconder for adoption of resolution 19.

Council Member Brown asked how resolution 22 would impact Orange County waste. Mr. Heflin said there was no immediate concern in the Town. He added that financing for the proposed landfill

could be in some jeopardy if it was not possible to generate a certain amount of waste for the landfill. Mr. Heflin said it was possible that private landfills could possibly undercut local government landfills in terms of pricing.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 22. THE MOTION WAS ADOPTED UNANIMOUSLY

(8-0).

A RESOLUTION TO THE NORTH CAROLINA GENERAL ASSEMBLY REGARDING MUNICIPAL SOLID WASTE MANAGEMENT (94-6-13/R-22)

WHEREAS, the North Carolina General Assembly has found that: "Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances.", NCGS 130A-309.03.(a) (1), and that "Problems of solid waste management have become a matter statewide in scope and necessitate State action to assist local governments in improving methods and processes to promote more efficient methods of solid waste collection and disposal." NCGS 130A-309.03.(a) (2); and

WHEREAS, the General Assembly adopted the Solid Waste Management Act of 1989 to "Regulate. . .collection, transport. . .and disposal of solid waste in order to protect the public health, safety, and welfare. . .for the people of this State. . .," NCGS 130A-309.03(b) (1), and to "Require counties and municipalities to adequately plan and provide efficient, environmentally acceptable solid waste management programs; and require counties to plan for proper hazardous waste management," NCGS 130A-309.(b) (3); and

WHEREAS, the General Assembly requires "Each county. . .shall. . .develop a comprehensive county solid waste management plan. . .," NCGS 130A-309.04(e); and

WHEREAS, such plan must reflect the State's "hierarchy of methods of managing solid waste, in descending order of preference:

1. Waste volume reduction at the source;

2. Recycling and reuse;

3. Composting;

4. Incineration with energy production;

5. Incineration for volume reduction;

6. Disposal in landfills."

NCGS 130A-309.04(a); and

WHEREAS, the validity and reliability of each such county solid waste management plan is directly dependent upon a county's ability to direct and control the flow of solid waste within its designated area; and

WHEREAS, the ability of counties and municipalities to minimize the financial risks for both parties to private service agreements is dependent upon the local government's ability to direct and control the flow of solid waste within its service area; and

WHEREAS, the General Assembly has required that "The governing board of a designated local government shall provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas designated to be served by the facility," NCGS 130A-309.09A(a); and

WHEREAS, the State requires the counties that own and/or operate solid waste landfills must demonstrate financial assurance that

". . .must ensure that the funds necessary to meet the cost of closure, post-closure care, and corrective action for known releases will be available whenever they are needed." 15A NCAC 13B.1628(b) (1) (D) (e) (1); and

WHEREAS, the State encourages "Counties and municipalities. . .to operate their solid waste management systems through the use of an enterprise fund." NCGS 130A-8(b); and

WHEREAS, the generation of revenues sufficient to operate such State mandated disposal systems as enterprise funds is directly dependent upon the use of such systems by the transporters of solid waste; and

WHEREAS, local governments are fundamentally dependent on their ability to control the flow of solid waste to market debt for solid waste management facilities; and

WHEREAS, NCGS 130A-291(b) reflects a recognition by the General Assembly that local governments are fundamentally dependent on their ability to control the flow of solid waste facilities they have planned, financed and operate pursuant to State mandate, and provides for such flow control;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill strongly urges the General Assembly to continue to provide for local government control of the flow of municipal solid waste, and

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill strongly urges the General Assembly to take action to communicate North Carolina's desire for federal legislation authorizing local government control of the flow of solid waste to the United States Congress, and

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill strongly urges the General Assembly and the U.S. Congress and Senate to provide mechanisms for funding solid waste management programs.

This the 13th day of June, 1994.

There were no comments on information reports and no need for an Executive Session. The meeting concluded at 11:43 p.m.