MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 27, 1994 AT 7:3

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, JUNE 27, 1994 AT 7:30 P.M.

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

Item 2 Forum on Proposed Transportation Improvements Program

Planning Director Roger Waldon provided an overview of the proposed TIP program. Mr. Waldon noted that although additional State funds for transportation projects were available this year compared to other years, the local urban area did not fare well in terms of funding compared to other neighboring jurisdictions. He stated that the staff would prepare a follow-up report for the July 5th meeting, based on comments made during this evening's forum.

Council Member Brown said that Don McChesney had given her written materials to include within the record of this evening's meeting. Mayor Broun noted that he also had received a letter from a constituent. Copies of the materials are on file in the Clerk's Office.

Wayne Pein expressed concern that widening projects were widespread, taking precedence over bicycle and pedestrian projects in the State's Transportation Improvements Program. Mr. Pein said he supported the six points of the Manager's recommendation.

Pat Carstensen said it was very important to keep roads working safely by getting more out of existing roadways. She urged the Council to follow-up on the U.S. 15-501 corridor study as soon as possible.

Mayor Broun noted that last Tuesday evening he had attended a Transportation Advisory Committee public forum in Durham on this matter. He stated that a number of citizens from Orange County and the Town had concerns similar to those expressed by Mr. Pein and Ms. Carstensen. Mayor Broun stated that the Department of Transportation had not followed existing procedures relative to

the Interstate 40 widening proposal.

Noting that he had resided in the South Columbia Street area for about twenty years, Council Member Capowski said it was his observation from using the street on a daily basis that widening was not necessary. Council Member Capowski also said he thought the Council had previously requested that the Council had previously asked the staff to change "widening" of South Columbia Street to "improvements". Mr. Horton said staff could make this modification. Council Member Brown said she thought the Council had only included sidewalks and bikelanes in its resolution and not bus lanes and high-occupancy vehicle lanes. She requested that this be corrected.

Council Member Brown noted that area residents had had significant concerns when the when the proposal had been discussed four years ago. She said that the Council needed to address the number of single-occupant vehicles on South Columbia Street and other area streets. Council Member Evans noted the need to address hospital and emergency vehicle access on South Columbia Street.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS TO CLOSE THE FORUM ON THE TRANSPORTATION IMPROVEMENTS PROGRAM, WITH A FOLLOW-UP REPORT TO BE MADE AT THE JULY 5TH COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO SCHEDULE A PUBLIC HEARING ON SOUTH COLUMBIA STREET IMPROVEMENT OPTIONS FOR OCTOBER 19TH. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Item 3 Petitions

Steve Wallace said the Town was planning to expend $221,000 on new police officers during the next fiscal year. Mr. Wallace said a recent article in USA Today indicated that drug treatment programs were seven times more cost-effective than law enforcement in reducing drug abuse. He stated that the Town's Violent Crime and Drug Abuse Task Force had recommended the expansion of counseling, halfway house and treatment programs for drug abusers. Mr. Wallace stated that Orange County technically had the financial obligation to provide these services. He urged the Council to reexamine its priorities and fight crime through treatment programs rather than law enforcement.

Council Member Waldorf inquired whether it would be possible to post public hearing notices for proposed individual projects on on-site public information signs. Mr. Horton said the current signs generally stayed up for a long time. He stated that it was possible to have a number of different meetings on a single development proposal. Mr. Horton also said he was not sure how all hearing dates could be accommodate on the signs.

Item 4 Boards and Commissions

Orange Solid Waste Planning Committee

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO NOMINATE KURT UPHOFF FOR FUTURE APPOINTMENT CONSIDERATION.

Council Member Chilton said the Council would be eager to receive more applications for the committee. Council Member Brown inquired whether her concerns about possible appointments from existing citizen panels on solid waste had been addressed by the Landfill Owners Group. Council Member Chilton said he would bring this matter up at the Landfill Owners Group meeting on July 7th.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Public Arts Commission

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL APPLICANTS (MICHAEL BROWN, EILEEN HELTON, ANNE LOEB) FOR APPOINTMENT CONSIDERATION TO THE PUBLIC ARTS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Board of Adjustment

Council Member Evans suggested that the Council reexamine its appointment process for boards such as the Board of Adjustment. She recommended delaying the appointment to the Board of Adjustment since the sole applicant did not list the Board as his first choice. Council Member Evans also suggested that the Council consider having an interview committee to consider applicants to the Board of Adjustment.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO DELAY APPOINTMENTS TO THE BOARD OF ADJUSTMENT, PENDING RECEIPT OF ADDITIONAL APPLICATIONS.

Council Member Waldorf inquired about Council Member Evan's proposal to interview applicants. Council Member Evans said her proposal was for a Council committee or individual Council Members to interview applicants. Mayor Broun said he would be happy to appoint such a committee if the Council wished. Council Member Powell noted that a number of advisory boards and commissions might require additional appointment-related scrutiny. Council Member Protzman said it was an excellent idea to review how the Council made appointments to advisory boards and commissions. He suggested that one Council committee might examine appointments to several boards and commissions. Council Member Brown suggested that the Council delay the appointment to the Board of Adjustment to a later meeting. Mayor Broun stated that the Council might wish to have an agenda item in the fall concerning a new review process prior to board and commissions appointments.

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

Greenways Commission

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO APPOINT MARK AND VALERIE BROADWELL AND PAMELA HEMMINGER TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that one vacancy remained on the Greenways Commission.

Historic District Commission

Mayor Broun said there were three vacancies and seven applicants.

JOSH GURLITZ AND JOAN MEADE WERE REAPPOINTED TO THE COMMISSION. DAVID SPRAGUE WAS APPOINTED TO THE COMMISSION. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Housing and Community Development Advisory Board

Council Member Chilton said it was somewhat unwieldy to have twelve members rather than nine members on the board. He also stated that it would be easier to achieve a quorum with a smaller board. Council Member Powell suggested that the Council appoint Arche McAdoo and Charles debose to the Housing and Community Development Advisory Board. She stated that both applicants were well-qualified.

MR. MCADOO AND MR. DE BOSE WERE UNANIMOUSLY APPOINTED TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Museum Study Committee

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO APPOINT JAMES HARLER TO THE MUSEUM STUDY COMMITTEE AS THE ORANGE COUNTY VISITOR'S BUREAU REPRESENTATIVE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Noting that there were no applicants for the Orange County Senior Development Center Planning Committee, Mayor Broun suggested that the Council seek applicants for the committee.

Orange Water and Sewer Authority

Council Member Chilton said the Committee on OWASA matters had interviewed a number of applicants. He stated that the Committee had been unable to reach consensus and recommended one of three applicants: Frank demonchaux, Patrick Davis or Alan Rimer. Council Member Chilton said all three applicants had the necessary technical and financial background to fill the vacancy.

Council Member Waldorf said it would be hard to pass up talented persons and say no to some of the applicants. She stated that it was important to appoint someone with a strong background in water and sewer and environmental matters. Council Member Waldorf said she would vote for Mr. Davis.

PATRICK DAVIS WAS APPOINTED WITH SIX VOTES. ALAN RIMER RECEIVED THREE VOTES. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Transportation Board

Council Member Chilton noted that four applicants were seeking reappointment to the Board. He added that the Board composition would stand until appointments were made. Noting that there were a total of six applicants for six vacancies, Council Member Chilton suggested that the Council consider seeking additional applications for the Board.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO DEFER APPOINTMENTS TO THE AUGUST 22ND MEETING.

Council Member Protzman requested that the Council receive information on the Transportation Board's mission.

Item 5 Homestead Village Subdivision

Planning Director Roger Waldon said the property was currently zoned R-2. He stated that the proposal was for 64 lots on 26 acres. Mr. Waldon noted that neighbors of the proposed subdivision were especially concerned about stormwater matters. He stated that the applicant could outline how stormwater would be handled for the proposed project. Mr. Waldon said the staff recommended approval of the recreation area proposed by the applicant. He also noted that staff recommended adoption of resolution a.

Christoph Guttentag, owner of a property in front of the proposed subdivision, said he was concerned about a proposal to remove existing vegetation in the area. Mr. Guttentag stated that 38 of the proposed 64 lots were 12,000 square feet or less while 50 of the 64 lots were between 1/3 and 1/4 of an acre. He also requested that the Council not approve the proposal with its current density.

Noting that she had originally reviewed the proposal as a member of the Planning and Design Review Boards, Council Member Evans stated that the staff had worked with the applicant to reach a reasonable compromise relative to the proposed location of recreation space.

Richard Zaffron, a neighbor of the proposed subdivision, expressed concern about the developer's stormwater management plans. He also expressed concern about plans to change Seawell School Road from a collector to a minor arterial roadway. Mr. Zaffron requested that the Council ask the developer to construct one-half of a 41-foot road, rather than one-half of a 51-foot road.

Council Member Capowski inquired about the applicant's plans for handling stormwater runoff. Jack Smyre, representing the John McAdams Company, said the proposed subdivision did not necessitate revised stormwater management plans. He indicated that the applicant might need to acquire a stormwater easement from Mr. Zaffron.

Mr. Waldon noted that Seawell School Road was currently designated as a minor arterial roadway.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO TO ADOPT RESOLUTION 3A. THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND WALDORF VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR HOMESTEAD VILLAGE SUBDIVISION (SD 24..45) (94-6-27/R-3A)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Homestead Village Subdivision proposed by Mr. Richard Wright of Landwright Corporation, on property identified as Chapel Hill Township Tax Map 24, Lot 45, if developed according to the Preliminary Site Plan dated July 1993, (revised February 17, 1994 and April 8, 1994), and the conditions listed below would comply with the provisions of the Development Ordinance.

This finding is conditioned on the following:

Stipulations Specific to the Development

1. A. That half of a 100-foot right-of-way be dedicated along the Homestead Road frontage prior to issuance of a Zoning Compliance Permit.

B. That half of a 90-foot right-of-way be dedicated along the Seawell School Road frontage prior to issuance of a Zoning Compliance Permit.

C. That the internal streets be built to Local Class C standards with sidewalks along all streets except the cul-de-sacs.

D. That the internal streets be maintained by the applicant until the Town accepts responsibility for their maintenance.

E. That the applicant submit documentation demonstrating compliance with the steep slopes ordinance prior to issuance of a Zoning Compliance Permit.

F. That the applicant make a payment-in-lieu of providing a bus stop with bench, shelter and pad, or provide a letter of credit or similar guarantee prior to issuance of a Zoning Compliance Permit. The amount shall be approved by the Town Manager. The payment or similar guarantee shall be held by the Town for a period not to exceed five years from the date of issuance of the Zoning Compliance Permit and if not used within the five year period for installation of a bus stop with bench, shelter and pad, shall be returned to the applicant.

2. Required Improvements:

A. That Homestead Road be improved to half of a 51 foot cross-section (enough for three vehicular lanes) including curb and gutter, sidewalk, and bike lane.

The Homestead Road improvements shall include a left-turn lane for westbound traffic into the subdivision.

B. That Seawell School Road be improved to half of a 51 foot cross-section including curb and gutter, sidewalk, and bike lane.

Stipulations Related to Recreation Space

3. That the 3.36 acres proposed as recreation area in the northeast portion of the site and along the eastern boundary of the site be deeded to the Town of Chapel Hill for parks and recreation purposes prior to issuance of a Zoning Compliance Permit. The developer remains responsible for the recreation area until the Town accepts the property.

4. That prior to accepting the deed for the recreation area, that a Phase One Environmental Site Assessment of the proposed recreation area be completed by the applicant, that any subsequent assessments indicated as necessary by the Phase One Environmental Assessment be completed by the applicant, and that any needed remedial measures be completed by the applicant.

Stipulations Related to State and Federal Government Approvals

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

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

Stipulations Related to Landscape Elements

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

8. Landscape Plan for Site Plan Approval and Preliminary Plat Applications: That a detailed landscape plan and landscape maintenance schedule be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. The landscape plan shall meet or exceed the following minimum landscape buffer requirements:

- a Type D buffer (minimum width 30 feet) along the Homestead Road frontage; and

- a Type C buffer (minimum width 20 feet) along the Seawell School Road frontage.

If the applicant proposes alternate buffers along any portion of the required buffer areas, the applicant must submit alternate buffer plans to the Appearance Commission for review and approval prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

9. 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 submitted to the Town Manager and to the New Hope Fire Department for review and approval prior to issuance of a Zoning Compliance Permit.

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

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

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

Miscellaneous Stipulations

13. Refuse Collection: That a note be included on the final plans and final plat indicating that rear-yard refuse collection service may not be available to lots with steep slopes, as determined by the Town Manager.

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

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

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

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

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

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

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

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

21. Erosion Control: That a detailed soil erosion and sedimentation control plan shall be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for Preliminary Plat for the Homestead Village Subdivision in accordance with the plans and conditions listed above.

This the 27th day of June, 1994.

Item 6 Response to Resource Conservation District Concerns

Mr. Horton presented an overview of the staff's response to a petition from Ms. Karen Raleigh, requesting that the scope of a public hearing on Resource Conservation District regulations be expanded. He noted that it was possible for a property to be located in a Federal Emergency Management Agency regulated flood plain and outside the Town's Resource Conservation District.

Mayor Broun noted that possible changes in ordinance language may or may not result in substantive changes concerning building proposals. Council Member Waldorf suggested that the Council hold a public forum, rather than a public hearing, on possible supplemental changes to Resource Conservation District regulations.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO SCHEDULE A PUBLIC FORUM ON PROPOSED SUPPLEMENTAL CHANGES TO THE RESOURCE CONSERVATION DISTRICT ORDINANCE.

Mr. Horton requested clarification that the Council was considering hold a public forum on additional ideas suggested in Ms. Raleigh's earlier petition to the Council. Mayor Broun said this was correct. He added that the public forum would supplement a public hearing already scheduled to discuss Article 5.4.3 of the Resource Conservation District ordinance.

Mr. Horton said the Council's wishes could be met by substituting the word "forum" for "hearing" in Resolution 4 before the Council.

Council Member Brown said if the resolution to call a public forum were adopted, it would expedite the process for addressing public concerns. She noted that the motion was to call a public forum in addition to the public hearing which had been called earlier.

RESOLUTION 4, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION EXPANDING THE SCOPE OF A PUBLIC FORUM ON THE RESOURCE CONSERVATION DISTRICT (94-6-27/R-4)

WHEREAS, the Council of the Town of Chapel Hill has called a Public Forum for September 19, 1994, to consider changes to Article 5.4.3 of the Chapel Hill Development Ordinance, dealing with Resource Conservation District regulations; and

WHEREAS, the Council has received a request to broaden the scope of the hearing;

NOW, THEREFORE, BE IT RESOLVED that the Council expands the scope of the September 19 Public Forum to include consideration of changes to the following sections of the Development Ordinance:

5.3.2, 5.4.2, 5.4.3, 5.5.1, 5.5.2, 5.6, 5.7.2, 5.7.4.

This the 27th day of June, 1994.

Item 7 Northern Community Park Conceptual Plan

Mr. Horton said a large number of acres were available for development of the proposed Northern Community Park. He stated that this evening the Council was being asked to approve a conceptual plan for the proposed park.

Parks and Recreation Director Mike Loveman presented an overview of the proposal, including the proposed on-site amenities such as a Community Center building. He noted that two points of access to the proposed park were recommended. Mr. Loveman stated that three phases of development were proposed and outlined in the memorandum before the Council, including a detailed project schedule. He also said the staff was requesting the Council's approval of the proposed conceptual plan this evening.

Council Member Brown said she was concerned about the proposed parking area in relation to a waterway on the site. Council Member Brown said she especially concerned about increased impervious surface coverage and runoff from the parking lot. Mr. Loveman said there were two proposed parking areas, with a stream running through the center of the site. He added that the main parking area on the west side of the site would have approximately 375 parking spaces at build-out. Mark Robinson, the project architect, said preliminary engineering studies indicated that there was sufficient room on the site to accommodate parking spaces outside the Resource Conservation District.

Council Member Capowski said active recreation areas were greatly needed in the Town. He also inquired about the possibility of flooding and freezing tennis courts during colder months for use as ice skating rinks.

Council Member Pavão inquired which two fields would receive lighting facilities in the project's first phase. Mr. Loveman said two of the proposed baseball fields in the first phase would be lit for nighttime play. He added that soccer fields could possibly receive lighting facilities in later phases of the plan. Council Member Pavão inquired whether the proposed volleyball facility dovetailed with any skateboarding facilities in terms of project phasing. Mr. Loveman said this was possible. Council Member Protzman stated that there were no facilities in Town for skateboarding to take place legally. He also suggested that the Council make the provision of skateboarding facilities a higher overall recreational priority.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 5, WITH THE POSSIBILITY OF SKATEBOARDING FACILITIES TO BE INVESTIGATED IN CONNECTION WITH PHASE ONE OF THE PROJECT. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING THE CONCEPTUAL PLAN AND AUTHORIZING THE CONTINUATION OF THE SPECIAL USE APPLICATION PROCESS FOR THE PROPOSED NORTHERN COMMUNITY PARK (94-6-27/R-5)

WHEREAS, the Council has allocated $1,050,000 from 1989 Parks and Open Space Bond funds for the design and initial development of the Northern Community Park, and;

WHEREAS, a conceptual plan has been developed which addresses the issues of site characteristics, access, and development of facilities, and;

WHEREAS, the Greenways Commission, the Parks and Recreation Commission, and the Town Manager recommend approval of the conceptual plan and the continuation of the Special Use Application Permit process,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the continuation of the Special Use Permit Application process for the Northern Community Park pursuant to the conceptual plan for the site as presented to the Council on June 27, 1994.

This the 27th day of June, 1994.

Item 8 Hotel-Motel Tax Allocations

Mr. Horton said the staff had made hotel-motel tax allocation recommendations based on criteria suggested by the Council. He stated that grants totalling $66,000 were being recommended, with funding of $30,000 recommended for the Orange County Visitors Bureau and $20,000 for the Arts Center.

Bev Kawalec requested that the Council support funding of $2,000 for the North Carolina Symphony summer program.

Anne Murphy expressed concurrence with Ms. Kawalec's request.

Ms. Murphy said the symphony would accommodate a broad age range of patrons.

Pat Beyle said that school children benefitted greatly form the opportunity to hear and learn about classical music.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6.

Mayor Broun thanked the staff for doing a thorough job with regard to the hotel-motel tax allocation recommendations. Council Member Brown said the staff had done a very good job regarding the recommendations. Stating that the Visitors Bureau was a County function, Council Member Brown said she would vote against the proposed resolution.

RESOLUTION 6 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

A RESOLUTION APPROVING 1994-1995 ALLOCATIONS FOR PERFORMANCE AGREEMENTS USING HOTEL/MOTEL TAX FUNDS (94-6-27/R-6)

WHEREAS, on May 24, 1994, the Council pledged $30,000 in FY 1994-95 hotel/motel funds for use by the Orange County Visitor's Center; and

WHEREAS, the Council adopted criteria for selection of hotel/motel projects on January 23, 1989, and provided further guidance on October 14, 1991 and April 11, 1994; and

WHEREAS, the recommended proposals meet the criteria established by the Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following project proposals for FY 1994-95 for the use of hotel/motel tax funds:

Abundant Life Cultural Arts Bazaar $ 3,000

ArtsCenter Purchase of Building $20,000

Michael Brown Downtown Mural Preservation $ 2,065

Delta Sigma Theta Seminar on Language $ 1,325

Alumni Assoc.

Community Youth Summer Production $ 860

Theatre

Musica Chamber Music Competition $ 750

NC High School Non-revenue Sports $ 5,000

Athletic Assoc. Championships

NC Symphony Society Summer Concert $ 2,000

Orange County Visitor Center Support $30,000

Visitor's Center

Women's Center Art Show $ 1,000

BE IT FURTHER RESOLVED that the Council hereby authorizes the Town Manager to execute, on behalf of the Town, performance agreements with the above individuals/organizations for use of the hotel/motel tax funds.

This the 27th day of June, 1994.

Item 9 Proposed Fire Sprinkler Ordinance

Mr. Horton stated that the Council had sought, and the Town had received, General Assembly authorization for requiring automatic fire sprinkler requirements in commercial and most multi-family establishments.

Fire Chief Dan Jones said the proposed ordinances would apply to all planned buildings within the Town, excepting one and two-family dwellings. Chief Jones stated that in September, 1992, the Town had experienced three similar fires in one evening. He noted that the one of three establishments having a sprinkler system sustained the least property damage that evening. Chief Jones also stated that a recent fire at the Ridgefield Apartments had spread rapidly through the attics of the structures. He stated that staff recommended immediate implementation of the proposed ordinance due to life safety considerations. Chief Jones stated that fire sprinklers significantly reduced risks to life and property.

Russ Davis, representing the Durham-Chapel Hill Homebuilders Association, said he hoped the Council would limit itself to consideration of Ordinance A. Mr. Davis stated that a recent study indicated that fire sprinklers were only actuated in 12% of incidents. Mr. Davis said that sprinklers had not been actuated in 88% of the incidents studied. He noted that a number of the systems involved were not properly maintained. Mr. Davis said the proposed ordinance placed an undue imposition on private property rights.

Bob Elliott, representing the National Association of Homebuilders,

said that fire sprinklers, particularly in single-family dwellings, created a false sense of security. Mr. Elliott stated that fire sprinkler systems were not a satisfactory substitute for life-safety functions offered by local fire departments. He also stated that 97% of all fire fatalities in the United States occurred in homes which were over ten years old. Mr. Elliott said that the National Fire Protection Association had recently voted against changing its life safety code.

John McCormick, legal representative for the Chapel Hill-Carrboro Schools, requested that the Council exempt current school projects

with special use permits from the proposed fire sprinkler regulations. Mr. McCormick stated that it would be difficult to find $325,000 for fire sprinklers for the proposed new high school. He suggested that the proposed new standards be applied to new projects.

Jack Imperiale, a Town resident and president of the Durham-Chapel Hill Homebuilders Association, inquired who had established the regulatory cutoff at a minimum three units, rather than five units or some other number of units. He suggested that the proposed regulations be tied to the number of floors or square footage of structures, rather than the number of units. Mr. Imperiale questioned whether it was necessary to sprinkler one-story buildings. He also expressed concern about the amount of time and money needed to maintain sprinkler systems.

David Colpits inquired who would be responsible for systems training and maintenance. Mr. Colpits also said he believed the estimated installation costs of 3.7% per project would actually be somewhat higher. Mr. Colpits asked whether the proposed ordinance recognized four-hour firewall separations. He said no sprinkler would be required if such firewall separations were provided.

Dan Deacon said he had a small development project in process in the latter stages near the proposed high school on Weaver Dairy Road. Stating that the Town Hall did not have a fire sprinkler system, Mr. Deacon stated that the Town should lead by example with regard to fire sprinklers. He requested that the Council set a reasonable implementation date so that individual projects in process could decide on their own whether or not to install fire sprinkler systems.

Phil Post said he was concerned about ongoing expenses relative to the proposed ordinance. Mr. Post suggested that the ordinance's effective date be six months from implementation, to allow time for notification of those possibly impacted by the proposed ordinance.

Bob Woodruff, representing the Village Companies, spoke against the proposed sprinkler ordinance requirements in commercial establishments. Mr. Woodruff stated that it was difficult to combat the argument that the installation of fire sprinklers would help to save lives. He encouraged the Council to let individual businesses decide whether they wished to install sprinkler systems.

Council Member Protzman said he had estimated that current development projects were being asked to expend a total of about $3 million for fire sprinkler projects. Council Member Protzman said he was not sure that this was a worthwhile business expenditure, especially for smaller commercial establishments.

Council Member Brown stated that there were a lot of unanswered questions relative to fire sprinkler requirements. Council Member Brown said she was not prepared to go ahead with the proposed ordinance this evening.

Council Member Capowski expressed his concurrence with Council Members Brown and Protzman. He encouraged Mayor Broun to write a letter to the OWASA Board of Directors, thanking them for reducing fire sprinkler rates by thirty percent. Council Member Capowski stated that the rates still far exceeded those charges by other water providers around the State. He said although the purpose of the ordinance was to save property and lives, there were still a lot of questions about how the proposal would impact smaller projects and businesses.

Council Member Waldorf said she did not support the proposed ordinance. Council Member Waldorf noted that she was bothered that the proposed ordinance would address potential problems related to property losses. Mr. Horton noted that the Town was planning to put sprinklers in Town public housing units as they were refurbished.

Mayor Broun said although he was particularly sympathetic to the cost concerns raised this evening, he generally supported the proposal. He stated that the proposal was well thought out and well-considered. Mayor Broun said the staff had looked into the matter thoroughly in order to adequately protect the health of citizens and their property.

COUNCIL MEMBER CAPOWSKI MOVED THAT THE MATTER BE REFERRED TO THE MANAGER FOR RECONSIDERATION. THE MOTION FAILED FOR LACK OF A SECOND.

Item 10 Street Address Ordinance

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT ORDINANCE 2B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE REQUIRING DISPLAY OF STREET ADDRESS NUMBERS

(94-6-27/O-2B)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION 1

The Council hereby amends Chapter 17 of the Town Code as follows:

ADD A NEW ARTICLE VII, STREET ADDRESSES, as follows:

Section 17-110. Display of street address numbers.

Every building which is in the Town of Chapel Hill and which has a Certificate of Occupancy shall have a clearly visible street address number, provided as follows:

(a) Building owners and tenants are encouraged to contact the Fire Department for assistance in determining the best manner of displaying a street address number in a given location.

(b) Street address numerals shall be displayed so that they are clearly visible from the public or private street which is customarily used for access to the building. Street address numerals need not be installed on a building front, but may be posted on a mail box or small sign meeting the Town's sign regulations at or near the property frontage for best visibility provided that the address numbers shall not obstruct visibility for drivers, pedestrians, cyclists, etc. using a public street.

(c) For multi-family residential buildings, a street address number need not be displayed for each unit provided each building has an address number or letter and each unit has identifying number or letter.

(d) Street address numerals are encouraged to be displayed in a manner that permits them to be illuminated for good visibility at night.

(e) Numerals may be displayed on a mailbox to meet the requirements of Section 17-110 subject to the additional requirements in this article and provided that such display on a mail box is in compliance with postal regulations.

(f) Display of a street address number is encouraged for buildings for which a certificate of occupancy has not been issued.

Section 17-111. No penalty.

There shall be no penalty for violation of this article.

Section 17-112. Implementation.

The Town Manager shall cause the Fire Department or other appropriate department(s) to inform citizens of the adoption of this ordinance.

SECTION 2

ADD A NEW ARTICLE VIIA, REQUIRED DISPLAY OF STREET ADDRESS NUMBERS WHERE RURAL ROUTE AND BOX NUMBER ADDRESSES HAVE BEEN USED, as follows:

Section 17-116. Display of street address numbers in areas where postal rural route and box numbers have been used.

(a) Every house or building in the Town which has rural route and box numbers shall have a clearly displayed street address number, as assigned by the Town's Inspections Department or other department designated by the Town Manager. The street address number shall be displayed in accord with the standards in Article VII of this Chapter.

(b) Street address numbers may be displayed on a mailbox to meet the requirements of Section 17-116, provided that such display on a mail box is in compliance with postal regulations.

(c) A rural route and box number may be displayed in addition to a street address meeting the requirements of Article VII of this Chapter.

Section 17-117. No penalty.

There shall be no penalty for violation of this article.

SECTION 3

This ordinance shall be effective on January 1, 1995.

This the 27th day of June, 1994.

Item 11 Status Report by OWASA Board Chair

OWASA Board Chairperson Julie Andresen presented a status report on OWASA activities, noting that ten work sessions were held on OWASA's proposed budget. She added that the lowest rate increase in a decade was recommended. Ms. Andresen noted that OWASA had tended to overestimate its expenditures and underestimate its revenues in the past. She also stated that water and sewer utilities were capital-intensive, with large expenditures for electricity and capital equipment. Ms. Andresen noted that OWASA was working hard to keep existing neighborhood sewer service projects on schedule.

Ms. Andresen reported that the Cane Creek Advisory Committee was working on identifying clear goals and objectives relative to water quality. She also said that all OWASA departments were monitoring themselves relative to customer service. Ms. Andresen stated that good communications were very important relative to policy matters such as land-use decisions. She encouraged the Council to think about the desirability of signing a joint planning agreement with the Town of Hillsborough. Ms. Andresen also said it was important to develop policies for handling failed septic systems. She noted that the OWASA Board was willing to meet with the Council as the Council desired.

Council Member Waldorf said the status report had been very helpful. She inquired whether the American Stone Quarry project might be postponed. Ms. Andresen said she did not believe this was the case. She noted that OWASA had a contract with Martin-Marietta for an excavation permit at the quarry. Ms. Andresen also said a lot more blasting was proposed at the quarry.

Council Member Capowski expressed appreciation for OWASA's new openness. Council Member Capowski also said he looked forward to serving on the OWASA boundary service committee.

Item 12a Work Session of Town Services Catalogue

Mayor Broun suggested that the Council adopt resolution 8a.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 8A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION SCHEDULING A WORK SESSION FOR REVIEW OF THE TOWN SERVICES CATALOGUE AND RELATED MATTERS (94-6-27/R-8A)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby schedules a work session for 5:30-9:00 p.m. on Monday, August 29th, in the Council Chamber at Town Hall, 306 North Columbia Street, for discussion of the Town services catalogue and related matters.

This the 27th day of June, 1994.

Item 12b Resolution of Support-La Fiesta del Pueblo

Mayor Broun said the festival was scheduled for Sunday, September 18th at Lincoln Center on Merritt Mill Road. He noted that some members of the Festival's Planning Committee were in attendance this evening.

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

A RESOLUTION ENDORSING A LATIN AMERICAN FESTIVAL IN CHAPEL HILL (94-6-27/R-9)

WHEREAS, at least 77,000 Latin Americans now live in the State of North Carolina; and

WHEREAS, the Latin American Community in Orange and Chatham counties is growing rapidly; and

WHEREAS, Latin Americans have contributed in agricultural, poultry, construction, professional, student, religious and small business sectors, among others; and

WHEREAS, there is a need for increased communication and cooperation among the Latin American community, health and social services providers and the other people of the area; and

WHEREAS, there has never been a Latin American festival in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council hereby endorses "La Fiesta del Pueblo" and encourages all citizens to attend and participate in the festivities on Sunday, September 18, 1994 at Lincoln Center.

This the 27th day of June, 1994.

Item 12c Triangle J COG Status Report

Acting Triangle J Council of Governments Director Kimberly Brewer presented an overview of recent activities at Triangle J.

She noted that water quality monitoring and coordination of household hazardous waste programs were on-going high priority items. Ms. Brewer also noted that the Environmental Protection Agency had inquired about the possibility of funding a pilot project relative to reducing construction and demolition debris at the front end of the construction process. She said that Triangle J was also working on internationalizing the economy and making businesses much more cost-competitive.

She noted that a reception for Triangle J's new executive director would be held during September. Ms. Brewer also expressed thanks to the Council for their continued support.

Item 13 Consent Agenda

Council Member Pavão requested removal of items c and k. Mayor Broun requested removal of item i.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 10, EXCEPTING ITEMS C, I AND K. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (94-6-27/R-10)

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 23 & June 6.

b. Bus washer rebid award (R-11).

c. North Forest Hills Park bid award and related budget ordinance amendment (O-3 and R-12).

d. Budget ordinance amendment for cable consultant

(O-4).

e. Adoption of corrected 1994-95 Parks and Recreation Department fee schedule (R-13).

f. Correction of September 1, 1994 pay and classification plan (O-5).

g. Application for drug elimination grant (R-14).

h. Downtown Service District performance agreement

(R-15).

i. Trolley service evaluation (R-16).

j. Year-end budget amendment (O-6).

k. Cedar Hills stop signs (O-7).

l. Deleted.

m. Regional household hazardous waste program.

This the 27th day of June, 1994.

A RESOLUTION AWARDING A BID FOR ONE FOUR BRUSH BUS WASHER WITH WATER RECLAMATION SYSTEM (94‑6‑27/R-11)

WHEREAS, the Town of Chapel Hill solicited formal bids by legal notice in The Chapel Hill News on April 3, 1994, in accordance

with General Statute 143‑129, and

WHEREAS, the following bids were received and opened on May 5, 1994:

Vendor Cost

Erisa, Inc. $88,735

Brownsville, Texas

N/S Corporation $94,000

Inglewood, California

Ross & White Company $98,250

Wheeling, Illinois

SSI Corporation $98,780

Tonawanda, New York

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council award the bid to N/S Corporation for One Four Brush Bus Washer and Water Reclamation System in the amount of $94,000.

This the 27th 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" (94-6-27/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

Manager $509,356 $27,000 $536,356

Non-Departmental

Contingency $ 34,775 $11,000 $ 23,775

REVENUES

GENERAL FUND

Other Taxes &

Licenses $490,700 $16,000 $506,000

This the 27th day of June, 1994.

A RESOLUTION ADOPTING THE PARKS AND RECREATION USER FEE POLICY FOR FY 1994-1995 (94-6-27/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the Parks and Recreation User Fee Policy to be effective July 1, 1994.

This the 27th day of June, 1994.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(94-6-27/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "Ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials beginning July 1 (94-6-6/O-2) and September 1, 1994 (94-6-6/O-3).

In Section IV, part C, of both July 1, 1994, and September 1, 1994, Ordinances, in the Public Works Department, Field Operations Division, Landscaping Section, DELETE the line

Full-time Part-time Grade

no hrs no hrs

Buildings and Groundskeeper I 6 40 - - 10

and ADD the lines

Buildings and Groundskeeper I 7 40 - - 10

In Section IV, part C, of September 1, 1994 Ordinance only, in the Parks and Recreation Department DELETE the line

Full-time Part-time Grade

no hrs no hrs

Recreation Superintendent 1 37.5 - - 25

Athletic Coordinator 1 37.5 - - 22

and ADD the lines

Recreation Superintendent 2 37.5 - - 25

This the 27th day of June, 1994.

A RESOLUTION AUTHORIZING SUBMISSION OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (94-6-27/R-14)

WHEREAS, the U.S. Department of Housing and Urban Development has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and

WHEREAS, it is in the interest of the Town of Chapel Hill to continue drug prevention and intervention programs for its residents of public housing; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to submit a Drug Elimination Plan grant proposal to the U.S. Department of Housing and Urban Development and to make all necessary assurances.

This the 27th day of June, 1994.

A RESOLUTION REGARDING AUTHORIZING AN AGREEMENT WITH THE CHAPEL HILL - CARRBORO DOWNTOWN COMMISSION IN 1994-95 (94-6-27/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an agreement with the Downtown Chapel Hill - Carrboro Commission regarding the Commission's performance of services and regarding operation of the downtown trolleys in 1994-95 in substantially the form of the attached draft agreement.

This the 27th 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 (94-6-27/O-6)

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 adopted on June 27, 1993 be and the same is hereby amended as follows:

ARTICLE I

Current Revised

APPROPRIATIONS Budget Increase Decrease Budget

GENERAL FUND

Non-Departmental

Bicentennial 30,000 65,000 95,000

Planning 632,881 15,670 648,551

PUBLIC HOUSING FUND 1,037,493 93,316 1,133,809

PARKING FACILITIES

BOND FUND 1,007,673 50,000 1,057,673

PARKING FACILITIES

CAPITAL PROJECT FUND

Transfer to Parking

Facilities Bond Fund 0 210,000 210,000

Construction 4,650,018 210,000 4,440,018

HOUSING LOAN TRUST

FUND 68,600 9,500 78,100

ARTICLE II

Current Revised

REVENUES Budget Increase Decrease Budget

GENERAL FUND

Other 88,250 65,000 153,250

Fund Balance 1,418,042 15,670 1,433,712

PUBLIC HOUSING FUND 1,037,493 96,316 1,133,809

PARKING FACILITIES

BOND FUND

Fund Balance 38,333 50,000 88,333

Transfer from Capital

Project Fund 0 210,000 210,000

Parking Revenues 969,340 210,000 759,340

HOUSING LOAN TRUST

FUND

Fund Balance 68,600 9,500 78,100

This the 27th day of June, 1994.

A RESOLUTION AUTHORIZING THE MAYOR OF CHAPEL HILL TO ENTER AN INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE ON BEHALF OF THE TOWN OF CHAPEL HILL

(94-6-27/R-17)

WHEREAS, the Triangle Regional solid waste planners' group has determined that permanent collection sites are a more cost-effective way to collect household hazardous wastes than individual collection days; and

WHEREAS, the solid waste planners' group has further determined that a four-county cooperative program involving Chatham, Durham, Orange and Wake Counties could produce further savings in both program publicity and costs of disposal; and

WHEREAS, the Council of the Town of Chapel Hill has previously endorsed the concept of regional household hazardous waste collection in its June, 1993 resolution; and

WHEREAS, the Orange Regional Landfill Budget for 1994-95 contains an allocation of funds for household hazardous waste education, collection and disposal; and

WHEREAS, the Triangle Regional Solid Waste Planners' Group has developed a regional cooperative agreement that has been supported by other member governments to the agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the mayor to sign the attached interlocal cooperative agreement for disposal of household hazardous waste.

This the 27th day of June, 1994.

A RESOLUTION AUTHORIZING THE MAYOR OF CHAPEL HILL TO ENTER A JOINT AGREEMENT ON BEHALF OF THE TOWN OF CHAPEL HILL WITH THE COUNTY OF CHATHAM, THE COUNTY OF DURHAM, THE COUNTY OF ORANGE, THE COUNTY OF WAKE, THE TOWN OF CARRBORO AND THE CITY OF DURHAM TO CONTRACT WITH TRIANGLE J COUNCIL OF GOVERNMENTS FOR REGIONAL ADMINISTRATION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION (94-6-27/R-18)

WHEREAS, the Triangle Regional solid waste planners' group has determined that a single contract with a single waste handler will result in more efficient removal and disposal of household hazardous waste collected in the four counties party to this agreement; and

WHEREAS, this contract can be most effectively managed from a single source; and

WHEREAS, publicity and educational materials for this program can most effectively be provided from a single source; and

WHEREAS, the solid waste planners' group has been operating for three years with support from the Triangle J Council of Governments; and

WHEREAS, the Triangle J Council of governments has expressed interest in providing comprehensive administration, coordination and publicity for this project with joint funding by the participants;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the mayor to sign the attached agreement with Triangle J Council of Governments for Regional Administration of Household Hazardous Waste Collection

This the 27th day of June, 1994.

Council Member Pavão requested a clarification about the source of payment-in-lieu funds. Mr. Loveman clarified the matter, citing a summary of payment-in-lieu funds in the agenda item.

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

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1993" (94-6-27/O-3)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Transfer to Capital

Improvements Fund $134,000 $173,091 $307,091

CAPITAL IMPROVEMENTS

FUND $870,901 $173,091 $1,043,992

REVENUES

GENERAL FUND

Fund Balance $1,244,951 $173,091 $1,418,042

CAPITAL IMPROVEMENTS

FUND

Transfer from General Fund $134,000 $173,091 $307,091

This the 27th day of June, 1994.

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

(9-0).

A RESOLUTION APPROVING A REVISED PROJECT BUDGET, ACCEPTING A BID, AND AWARDING A CONTRACT FOR THE NORTH FOREST HILLS PARK

(94-6-27/R-12)

WHEREAS, the original project budget of $158,000 is not sufficient to meet the costs of constructing the North Forest Hills Park; and

WHEREAS, a revised budget of $210,489 has been recommended by the Town Manager to complete the project; and

WHEREAS, the funds for the recommended budget would come from the following sources: $173,091 Payments in Lieu of Open Space, $24,000 Capital Improvements Fund Allocation, $13,398 Remaining 1986 Bond Funds and Interest; and

WHEREAS, The Town of Chapel Hill has solicited formal bids by advertisement in The Chapel Hill Newspaper on May 4, 1994, and the Challenger Newspaper on May 5, 1994, accordance with G.S. 143-129 for the North Forest Hills Park project; and

WHEREAS, the following bids were received and opened on June 1, 1994;

Contractors Bid Amount

CFW, Inc. $169,842

Gaither Contractors $312,860

Kurtz Construction $210,000

Romeo Guest Associates $244,718

Triangle Paving, Inc. $357,126

and

WHEREAS, an agreement has been negotiated with CFW, Inc., the low bid contractor, for a revised bid of $173,989 to include additional on-site work.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes a revised budget of $210,489 to complete the North Forest Hills Park project.

BE IT FURTHER RESOLVED that the Council hereby accepts the bid and awards a contract to CFW, Inc. in the amount of $173,989 for the on-site portion of the North Forest Hills Park project.

This the 27th day of June, 1994.

Mayor Broun noted that Robert Humphreys had requested an opportunity to speak about the proposed trolley service evaluation.

Robert Humphreys reported that the trolley committee had met to develop a marketing plan for greater use of the Town's trolleys. Mr. Humphreys requested that the Council permit the committee to make suggestions about improving the quality of proposed survey questions.

Council Member Evans said the proposed survey tended to focus on those who used the trolley rather than those who did not use the service. Mr. Horton said modifications could be made to the survey. Council Member Evans suggested that a committee recommendation on the survey be deferred until the fall.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO DEFER THE MATTER UNTIL THE FALL.

Council Member Waldorf asked whether a part of the proposed process was to work on developing a marketing plan to benefit the downtown and make other uses of the trolley. Council Member Evans said yes. Mr. Horton said he believed there was value in performing a pretest. Council Member Protzman said this was a very good idea, which might stimulate other ideas. Mr. Horton noted that the Council had previously indicated that intended to make a final decision on the trolley's future during the 1995-1996 budget development process.

THE MOTION TO DEFER THE MATTER TO THE FALL WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

Council Member Capowski said he was impressed by the statistics in the staff's report, particularly the average speed of 39.5 miles per hour. He also commended the staff for a very good illustration about cut-through traffic.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT ORDINANCE 7. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(93-8-23/0-7)

BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION I

That Section 21-13(c) of the Town Code of Ordinances, Right-of-Way and Stop Regulations, is amended by inserting the following in appropriate order:

Intersections

Cedar Hills Drive/Cedar Hills Circle

Cedar Hills Circle/Kingston Court

Cedar Hills Circle/Saddle Ridge

SECTION II

This ordinance shall be effective beginning on Tuesday, July 26, 1994.

SECTION III

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

This is the 27th day of June, 1994.

Mayor Broun noted that he strongly agreed with the staff's recommendation that no action was needed relative to Morgan Creek at this time. There were no other comments on information reports.

No report followed the Executive Session. The meeting concluded at 11:23 p.m.