MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JULY 5, 1994 AT 7:3

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, TUESDAY, JULY 5, 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 Manager Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

Item 1 Ceremonies

Mayor Broun read a proposed resolution expressing appreciation to the Library Board of Trustees for their assistance with the Town's new library.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION O.1A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF APPRECIATION TO THE MEMBERS OF THE LIBRARY BOARD OF TRUSTEES (94-7-5/R-0.1a)

WHEREAS, the Library Board of Trustees is charged with advising the Council of the Town of Chapel Hill on a variety of matters related to the Public Library; and

WHEREAS, members of recent Boards of Trustees have had the additional responsibility of cooperating with the Library Building Committee, other advisory boards and commissions and Town staff in planning for the financing and construction of the new library building; and

WHEREAS, the members of the Board of Trustees have worked with great diligence, sound judgment, skill and dedication; and

WHEREAS, the members of former Boards of Trustees on several occasions formally surveyed Town residents to identify library services desired by the community both now and 20 years from now; and

WHEREAS, the Library Board of Trustees worked diligently to review design and construction plans and to work with the architect to complete the new Library; and

WHEREAS, the new automated circulation system has improved the level of Library services to the community; and

WHEREAS, the new Library has experienced a 30% increase in circulation during the few weeks since the opening of the new building;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Chapel Hill hereby expresses its sincere appreciation and gratitude to the members of recent Library Boards of Trustees for their extra effort and special contributions to the quality of the Town's new library building.

This the 5th day of July, 1994.

Mayor Broun requested that Library Board members rise to be recognized.

Mayor Broun read a proposed resolution to recognize the efforts of the Library Committee relative to the new library building.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 0.1B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION OF APPRECIATION TO THE MEMBERS OF THE LIBRARY BUILDING COMMITTEE (94-7-5/R-0.1b)

WHEREAS, the Mayor and Council of the Town of Chapel Hill established a Library Committee in April, 1987; and

WHEREAS, the Committee was charged to make recommendations to the Council regarding site selection criteria, specific sites compatible with the criteria approved by the Council, and a process for selecting an architect; and to work with the architect through the design process; and

WHEREAS, the Committee worked diligently to carry out this charge and to do so with sound judgment, skill and dedication; and

WHEREAS, the overall site design for the new Library preserves the surrounding wooded area and other natural features of the land and places the Library in harmony with Pritchard Park; and

WHEREAS, the new Library building has a practical and inviting spatial organization and layout, with energy efficient use of natural light and attractive furniture and public meeting rooms; and

WHEREAS, the new Library has experienced a 30% increase in circulation during the few weeks since the opening of the new building; and

WHEREAS, the new Library building not only functions well and serves the community with quality Library services, but is one of the most attractive public buildings in our community from both external and interior perspectives;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Chapel Hill hereby expresses its sincere appreciation and gratitude to the members of the Library Building Committee for work that has

contributed significantly to the quality of the Town's new library building.

This the 5th day of July, 1994

Mayor Broun requested that members of the Library Committee rise to be recognized.

Dot Cansler, representing the Town's Sister Cities Program, said it had been a privilege to have recently visited the Town's Sister City of Saratov, Russia. Ms. Cansler presented a key to the City of Saratov to Mayor Broun. She also said she was very pleased that Mayor Broun would be visiting Saratov in the near future. Ms. Cansler also stated that eight visitors from Saratov would be visiting the Town in the fall.

Item 3 Petitions

Mayor Broun said a letter had been received from Anna Pliscz, concerning the placement of a cemetery monument at the Chapel Hill Cemetery.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Council Member Brown noted that the Town of Carrboro would be holding a workshop on roads in the near future. Council Member Brown said she thought this type of workshop would also be beneficial for the Council. She requested that the Manager contact Carrboro, regarding the Town's participation, if the Council concurred. Mayor Broun said he thought it would be a good idea for the Council to participate in such a workshop. Mayor Broun noted that there was Council consensus on the matter.

Item 4 Commission & Committee Appointments

Orange Solid Waste Planning Advisory Committee

MARION S. (CHICK) WHITE (8 VOTES) AND NANCY GABRIEL (7 VOTES) WERE APPOINTED TO THE COMMITTEE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

MICHAEL BROWN, EILEEN HELTON AND ANNE LOEB WERE UNANIMOUSLY REAPPOINTED (9 VOTES EACH) TO THE PUBLIC ARTS COMMISSION. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE CLERK'S OFFICE.

Item 5 Orange County Human Services Rezoning Application

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE 1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (94-7-5/O-1)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Orange County to amend the Zoning Atlas to rezone property described below from Residential-2 to Residential-5-C (Conditional Use Zoning), and finds that conditions have changed and that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Residential-5 Conditional Use District Zoning (R-5-C) would be suitable for the property proposed for rezoning under the conditions attached to the approved Special Use Permit;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the property identified as Chapel Hill Township Tax Map 24, Lot 42, located on the south side of Homestead Road, west of Airport Road, be rezoned from Residential 2 to Residential-5-Conditional zoning.

SECTION II

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

This the 5th day of July, 1994.

Item 6 Orange County Human Services Special Use Permit

Additional parties wishing to testify in the matter were sworn. Planning Director Roger Waldon said the applicant, Orange County, was seeking approval for a 35,000 square foot building along Homestead Road. Mr. Waldon stated that questions and concerns relative to transit service and other matters were addressed in the staff's follow-up memorandum. He added that staff recommended adoption of Resolution 1a.

Orange County Commission Chair Moses Carey said the Commission had considered the matter at its last meeting. He noted that the Orange County and Town staff had drafted additional language to address concerns about access to the property and the University's future use of adjoining parcels. Mr. Horton said he had reviewed the draft language in concert with County staff and had found it to be acceptable.

Noting the importance of making the plan as comfortable as possible environmentally and for pedestrians, Council Member Evans suggested that the conditions of approval require that the applicant provide meandering sidewalks as far back as possible from Homestead Road. Commissioner Carey expressed concurrence with the proposed conditions of approval.

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

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 2A, AS AMENDED.

Council Member Chilton said although he was enthused about the proposed building construction, the overall proposal and access were not good for the location. Council Member Chilton also said he would vote against the proposal.

RESOLUTION 2A, AS AMENDED, WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER (File Number 24..42) (94-7-5/R-2a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Orange County on property identified as Chapel Hill Township Tax Map 24, Lot 42, if developed according to the site plan dated February 9, 1994 and the conditions listed below:

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

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

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit for the Orange County Southern Human Services Center in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. That construction begin by July 5, 1996 (two years from the date of Council approval) and be completed by July 5, 1997 (three years from the date of Council approval).

Required Improvements

2. Right of Way Dedication: That half of a 90 foot right-of-way be dedicated along the subject property's Homestead Road frontage.

3. Homestead Road Improvement: That Homestead Road be improved along the subject property's frontage to half a 51 foot cross-section with curb and gutter, sidewalk and bike lane.

4. Entry Drive to Town Standards: That the entry drive be built to Town public street standards and be 27 feet back to back and be redesigned to form a T-intersection with an east-west drive built to Town public street standards. This can be accomplished by additional collaboration between Town and County staff as to design, location, and impact on potential future County building sites on the eastern portion of the property.

5. Future Connection to the West: That the applicant make provisions for a future roadway connection to the west (University of North Carolina property). The proposal shall provide at least the minimum required number of parking spaces. This can be accomplished by drawing final plans in such a way that a future roadway to the west is not precluded.

6. Pedestrian Connections: That the applicant make provisions for future pedestrian connections to the east and south, providing that the Homestead Road sidewalk be designed along a meandering path, such that the sidewalk is as far away from the Homestead Road roadway as is reasonably practicable.

7. Sidewalk Access from the West: That the sidewalk from Homestead Road paralleling the driveway provide for pedestrian access from the west side of the driveway.

8. Maintenance of Entrance Drive: That a note be included on the final plans indicating that Orange County will be responsible for maintenance of the entrance drive.

9. Parking Spaces Removed: That the thirteen parking spaces along the north side of the main entry drive, as currently proposed, be eliminated.

10. Parking Lot to Town Standards: That the internal drive aisles, and parking lot be constructed to Town standard and that any alternate paving used in the parking lot have the same load bearing capacity as the Town's standard pavement design.

Stipulations Related to the Resource Conservation District

11. 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."

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

Stipulations Related to State and Federal Governments Approvals

13. Approval of Encroachment Agreements: That any required State 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

14. 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.

15. 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 Building Elevations

16. Building Elevation Approval: That detailed building elevations be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit.

17. 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 by the Town Manager prior to issuance of a Zoning Compliance Permit.

18. Utility/Lighting Plan Approval: That the final utility and lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Public Service Company, Southern Bell, and the Town Manager before issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

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

20. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

22. 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.

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

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

25. 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 a Special Use Permit for the Orange County Southern Human Services Center in accordance with the plans and conditions listed above.

This the 5th day of July, 1994.

Item 7 Springcrest Cluster Subdivisions

Mr. Waldon said the staff believed that the proposed subdivision layouts were good ones. He stated that the staff recommended adoption of Resolutions A, C and D.

Noting a recent change in the Town's cluster subdivision regulations, Council Member Evans noted that condition number five in all three resolutions needed to be deleted. Mr. Horton said this was correct.

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

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 3A, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR SPRINGCREST/BIRTCHETT CLUSTER SUBDIVISION (SD 26..27B)

(94-7-5/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Springcrest/Birtchett Cluster Subdivision proposed by Mr. Phil Post, on property identified as Chapel Hill Township Tax Map 26, Lot 27B, if developed according to the Preliminary Site Subdivision Plan dated November 29, 1993 (revised May 4, 1994), and the conditions listed below would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance.

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

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

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

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article.

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. A. That the final plat indicate the alignment for the future Sage Road Extension right-of-way across the southern portion of the subject property.

B. That right-of-way for the Sweeten Creek Road/Perry Creek Road Extension be extended and dedicated to a point abutting the future Sage Road extension right-of-way.

C. That the resulting two strips of land between Lots 3, 5, 6, and 7 and the future Sage Road Extension be labelled on the final plat: "Not a buildable lot. For future dedication as Open Space (this area may be deeded to a homeowners' association at such time as the Birtchett property south of Sage Road Extension is subdivided).

D. That the final plat and subdivision fact sheet be revised to include the entire Birtchett lot (Tax Map 26, Lot 27B); and that the minimum recreation area requirements for the entire Birtchett subdivision be met.

E. That a 60-foot right-of-way be dedicated along the proposed Perry Creek (aka Sweeten Creek Road).

F. That a 50-foot right-of-way be dedicated along the remaining internal streets.

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

H. That the internal streets be maintained by the applicant or homeowners' association until the Town accepts responsibility for their maintenance.

I. That the applicant submit documentation demonstrating compliance with the steep slopes ordinance, and demonstrating that there is sufficient buildable area (outside the building setbacks, outside the Resource Conservation District, and excluding slopes of over 25%) for each proposed lot prior to issuance of a Zoning Compliance Permit.

2. Required Improvements:

A. That Perry Creek Drive (aka Sweeten Creek Road) and Carroll Hill Drive be constructed to a 33-foot cross-section including curb and gutter and sidewalk.

B. That the remaining internal streets be constructed a 24-foot cross-section including curb and gutter.

C . That the pump stations at Erwin Road and Eastowne shall be upgraded by the developer as necessary to accommodate the anticipated increased wastewater flow from this development.

Stipulations Related to Recreation Space

3. That the proposed off-site recreation area contiguous to Dry Creek and its tributary be deeded to the Town of Chapel Hill for parks and recreation purposes prior to issuance of a Zoning Compliance Permit. The developer shall remain responsible for the recreation area until the Town accepts the property.

4. That prior to Town Manager consideration of accepting the deed for the recreation area, 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.

5. That the recreation areas which are to be deeded to a homeowners' association be signed.

Stipulation Related to Landscape Elements

6. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include fencing for existing vegetation:

- in the landscape buffer;

- the recreation areas; and

- areas adjacent to utility construction, stormwater/erosion control related grading and devices, and roadway construction.

The plan shall also locate and identify all trees over 36" in diameter anywhere on the site.

Stipulations Related to Water, Sewer and Other Utilities

7. 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 Volunteer Fire Department for review and approval prior to issuance of a Zoning Compliance Permit.

8. 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.

9. OWASA Easements for Preliminary Plat applications: That additional easements required by OWASA will be dedicated; and that easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

10. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager 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

11. Refuse Collection: That refuse collection will not be provided by the Town until time of annexation.

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

12. 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.

13. 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.

14. 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.

15. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are complete; 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.

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

17. 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.

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

19. 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.

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

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

22. 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 SPRINGCREST/BIRTCHETT CLUSTER SUBDIVISION in accordance with the plans and conditions listed above.

This the 5th day of July, 1994.

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

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR SPRINGCREST/CRABTREE CLUSTER SUBDIVISION (SD 26..1B)

(94-7-5/R-3c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Springcrest/Crabtree Cluster Subdivision proposed by Mr. Phil Post, on property identified as Chapel Hill Township Tax Map 26, Lot 1B, if developed according to the Preliminary Site Subdivision Plan dated November 29, 1993 (revised May 4, 1994), and the conditions listed below would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance.

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

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

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article.

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development.

These findings are conditioned on the following:

Stipulations Specific to the Development

1. A. That a 50-foot right-of-way be dedicated along the remaining internal streets.

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

C. That the internal streets be maintained by the applicant or homeowners' association until the Town accepts responsibility for their maintenance.

D. That the applicant submit documentation demonstrating compliance with the steep slopes ordinance, and demonstrating that there is sufficient buildable area (outside the building setbacks, outside the Resource Conservation District, and excluding slopes of over 25%) for each proposed lot prior to issuance of a Zoning Compliance Permit.

2. Required Improvements:

A. That the internal streets be constructed a 24-foot cross-section including curb and gutter.

B. That the pump stations at Erwin Road and Eastowne shall be upgraded by the developer as necessary to accommodate the anticipated increased wastewater flow from this development.

C. That pedestrian/nonmotorized vehicle easements be provided in the following locations:

- between Lots 13 and 14 on the Crabtree property

The pedestrian easements shall be a minimum of 20 feet wide, with extra width in locations with steep terrain. The pedestrian easements should be located on land to be deeded to the homeowners' association.

Pedestrian trails shall be provided within the pedestrian easements leading from the internal streets to the proposed recreation area/greenway along the creeks. These trails shall be signed and shall be well-defined, of natural surface or gravel.

Stipulations Related to Recreation Space

3. That the proposed recreation area contiguous to Dry Creek and its tributary be deeded to the Town of Chapel Hill for parks and recreation purposes prior to issuance of a Zoning Compliance Permit. The developer shall remain responsible for the recreation area until the Town accepts the property.

4. That prior to accepting the deed for the recreation area, 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.

5. That the recreation areas which are to be deeded to a homeowners' association be signed.

Stipulations Related to the Resource Conservation District

6. Boundaries: That the boundaries of the Resources 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 approval.

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

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

Stipulations Related to Landscape Elements

10. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include fencing for existing vegetation:

- the recreation areas; and

- areas adjacent to utility construction, stormwater/erosion control related grading and devices, and roadway construction.

The plan shall also locate and identify all trees over 36" in diameter anywhere on the site.

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

12. 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.

13. OWASA Easements for Preliminary Plat applications: That additional easements required by OWASA will be dedicated; and that easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

14. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager 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

15. Refuse Collection: That refuse collection will not be provided by the Town until time of annexation.

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.

16. 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.

17. 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.

18. 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.

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

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

21. 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.

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

23. 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.

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

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

26. 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 SPRINGCREST/CRABTREE CLUSTER SUBDIVISION in accordance with the plans and conditions listed above.

This the 5th day of July, 1994.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 3D, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR SPRINGCREST/CARROLL/CLUSTER SUBDIVISION (SD 26..2)

(94-7-5/R-3d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Springcrest/Carroll Cluster Subdivision proposed by Mr. Phil Post, on property identified as Chapel Hill Township Tax Map 26, Lots 2 and 3B, if developed according to the Preliminary Site Subdivision Plan dated November 29, 1993 (revised May 4, 1994), and the conditions listed below would comply with the provisions of the Development Ordinance and specifically with the following cluster development requirements from Subsection 17.8.2 of the Development Ordinance.

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

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

4. The recreation area within the tract shall conform to the recreation area standards of Subsection 17.9 of this article.

5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development.

These findings are conditioned on the following:

Stipulations Specific to the Development

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

B. That a 100-foot right-of-way be dedicated along the proposed route of Sage Road realignment (abutting the portion of the Birtchett property to be subdivided with this application) prior to issuance of a Zoning Compliance Permit.

C. That a 60-foot right-of-way be dedicated along the proposed Perry Creek (aka Sweeten Creek Road), Carroll Hill Drive, and Swift Run Drive.

D. That a 50-foot right-of-way be dedicated along the remaining internal streets.

E. That the final plat include vehicular access prohibition easements along individual lot frontages on Erwin Road.

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

G. That the internal streets be maintained by the applicant or homeowners' association until the Town accepts responsibility for their maintenance.

H. That the applicant submit documentation demonstrating compliance with the steep slopes ordinance, and demonstrating that there is sufficient buildable area (outside the building setbacks, outside the Resource Conservation District, and excluding slopes of over 25%) for each proposed lot prior to issuance of a Zoning Compliance Permit.

2. Required Improvements:

A. That Erwin Road be improved to half of a 41-foot cross-section including curb and gutter, sidewalk, and a 5-foot bike lane.

In addition, left and right turn lanes shall be provided on Erwin Road at the Carroll Hill Drive entrance.

B. That Perry Creek Drive (aka Sweeten Creek Road) and Carroll Hill Drive be constructed to a 33-foot cross-section including curb and gutter and sidewalk.

C. That Swift Run Drive be constructed to a 27-foot cross-section including curb and gutter and sidewalk.

D. That the remaining internal streets be constructed a 24-foot cross-section including curb and gutter.

E. That the existing temporary turnaround at the present terminus of Sweeten Creek Road be removed when this road is extended.

F. That a $3,000 payment-in-lieu shall be made by the developer to the Town for a bus stop (bench and pad).

G. That a 12-inch public water main will be extended along the Erwin Road frontage to connect to an existing 12-inch ductile iron pipe installed at I-40 near this property.

H. That the pump stations at Erwin Road and Eastowne will be upgraded by the developer as necessary to accommodate the anticipated increased wastewater flow from this development.

I. That pedestrian/nonmotorized vehicle easements be provided in the following locations:

- between Lots 1 and 2 on the Carroll property

- between Lots 62 and 63 on the Carroll property

- between Lots 75 and 76 on the Carroll property

Stipulations Related to Recreation Space

3. That the proposed recreation area contiguous to Dry Creek and its tributary, and the 100-foot buffer/pedestrian corridor along I-40, be deeded to the Town of Chapel Hill for parks and recreation purposes prior to issuance of a Zoning Compliance Permit. The developer shall remain responsible for the recreation area until the Town accepts the property.

5. That the recreation areas which are to be deeded to a homeowners' association be signed.

Stipulations Related to the Resource Conservation District

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

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

Stipulations Related to State and Federal Government Approvals

10. 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.

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

A three-party agreement between the developer, OWASA, and NCDOT must be obtained for utility work proposed within the Erwin Road right-of-way.

Stipulation Related to Landscape Elements

12. Landscape Protection Plan: That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Landscape Protection Plan shall include fencing for existing vegetation:

- in the landscape buffer;

- the recreation areas; and

- areas adjacent to utility construction, stormwater/erosion control related grading and devices, and roadway construction.

The plan shall also locate and identify all trees over 36" in diameter anywhere on the site.

13. 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 C buffer (minimum 20 feet) along the Erwin Road frontage.

The landscape buffer shall be located on land deeded to a homeowners' association.

Stipulations Related to Water, Sewer and Other Utilities

14. 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.

15. 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.

16. OWASA Easements for Preliminary Plat applications: That additional easements required by OWASA will be dedicated; and that easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

17. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power, Cablevision, Public Service Company, Southern Bell, and the Town Manager 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

18. Refuse Collection: That refuse collection will not be provided by the Town until time of annexation.

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.

20. 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.

21. 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.

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

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

24. 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.

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

26. 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.

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

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

29. 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 SPRINGCREST/CARROLL CLUSTER SUBDIVISION in accordance with the plans and conditions listed above.

This the 5th day of July, 1994.

Item 8 American Stone Company Rock Quarry Request

Planning Director Roger Waldon said any changes to the joint land-use planning agreement needed to be approved by Orange County, the Town and the Town of Carrboro. He noted that Orange County had held hearings on the proposal before the Council this evening. Mr. Waldon stated that the proposal was to make a larger area available for extraction activities at the rock quarry. Mr. Waldon said if all three government bodies concurred, the land-use plan would be amended.

Ed Holland, OWASA's Director of Planning and Development, said OWASA had the rights to the quarry and options to purchase future buffers for water storage purposes after blasting of the quarry was completed.

Butch Rooks, legal counsel for American Stone Quarry and Martin-Marietta, said the quarry's operation manager was in attendance to address questions and concerns by the Council. Mr. Rooks stated that citizens wishing to do so had a process for redress against Martin-Marietta and the American Stone Quarry.

Paxton Badham, representing American Stone, said blasting generally took place less than twice per week and lasted less than one second per occurrence. He stated that the quarry had seismographic and related records of all its blasting activities. Mr. Badham said the quarry took great care to meet State and Federal regulations governing blasting. He noted that the quarry had only received one formal damage complaint during its history. Mr. Badham said a structural engineer had examined the house in question and determined that structural damage was due to settling of the house, rather than blasting-related. He also stated that a well expert had concluded that the homeowner had a bad storage tank bladder, rather than damage attributable to blasting. Mr. Badham stated that recent blast testing indicated that blasting did not cause houses or windows to shake.

Rem Malloy, a resident of the Hickory Grove School Community, requested that the Council defer action on the request. Mr. Malloy said he had information that the quarry's operations had a negative impact on residents near the quarry. Mr. Malloy stated that area residents had presented a four-page petition to area governing boards requesting further study of the quarry's operations and their impacts on surrounding properties. He also said that contrary to the recent test blasting, houses shook, foundations cracked and windows shimmered during actual blasting activities.

Mr. Malloy stated that a professional had concluded that the quarry was violating federal and state air and ground vibration standards.

He suggested that the Council or other governing bodies request that American Stone Quarry's data be analyzed. Mr. Malloy also said that area residents were seriously considering a class action

suit against parties seeking approval of the application. Mr. Malloy reiterated his earlier request that the matter be delayed.

Roy Balon, an area resident, said the quarry's representations concerning lack of damage to adjoining properties during blasting was not correct. Mr. Balon stated that blasting activities had caused problems with drinking water wells in the area.

Dexter Rogers said a recent blast at the quarry had not been an accurate representation of what occurred during normal blasting activities. He stated that the blast had taken place on a cloudy day, when noise would travel less distance. He expressed concern that a lot of the information presented by the quarry was false.

Erwin Danziger expressed concern about the quarry's request. He stated that the review process to date had been flawed. Mr. Danziger said there was no need to approve the quarry permit at this time, since the existing permit would expire in the year 2003. He requested that the Council vote no on the proposal before them this evening and maintain the purity of the watershed. A copy of Mr. Danziger's remarks are on file in the Clerk's Office.

Melvin Parrish, a lifetime community resident, said he was concerned about proposed expansion of the quarry. He stated that blasting would have significant impacts on area water tables. Mr. Parrish requested that the Council defer action on the matter.

Jane Foushee, a resident of Parrish Road, said blasting at the quarry had negatively effected the quality of water in the well at her home. Ms. Foushee showed the Council a filter from the filtering system at her home. Mayor Broun requested American Stone's response to Ms. Foushee's concerns. Mr. Badham said the quarry was not routinely violating state and federal laws. He stated that the quarry's entire blasting department were experts in their field. Mr. Badham stated that the foremost hydrologist in the State had examined the quarry's blasting and impacts on water tables. He said the expert had concluded that there was no causal connection between blasting and damage to wells and area water tables. Mr. Holland said the discoloration of the filter shown by Ms. Foushee earlier in the meeting might have resulted from the natural presence of iron intermittently occurring in groundwater throughout Orange County.

Council Member Brown said she had attended the three previous public hearings on the matter. She expressed concern that serious questions of citizens and elected officials were not dealt with in the staff's follow-up memorandum. Council Member Brown also said the follow-up memorandum did not contain information about possible contaminants from the asphalt plant, information on growth projections and the level of American Stone Quarry's profits or responses to social equity concerns. She stated that if the resolution were moved, she would vote no on the matter.

Council Member Capowski inquired whether a 3 billion gallon reservoir would ultimately result if the request were approved. Mr. Holland said this was correct. Council Member Capowski asked how many gallons the reservoir could handle if the request were not approved. Mr. Holland said approximately one billion gallons.

Council Member Capowski asked when the quarry would be available to OWASA if the request were not approved. Noting that the Durham family would continue to own the quarry land, Mr. Holland said the quarry would be available in about ten or fifteen years. Council Member Capowski inquired about the number of trucks entering and exiting the quarry on a daily basis. Mr. Badham said since approval of the request would only prolong the life of the quarry, no additional trucks would be entering or exiting the quarry on a daily basis.

Mr. Waldon said zoning and special use permits would go hand-in-hand for the proposal. Council Member Capowski inquired whether it was correct that none of the issues would come before the Council. Mr. Waldon said this was correct, noting that the matters would be considered by Orange County. Butch Rooks, Martin-Marietta's attorney, said American Stone would ask Orange County to simultaneously rezone the property and grant a special use permit for a new zoning district. He stated that if the permits were granted, OWASA could acquire the site and buffers once mining stopped at the facility. Council Member Waldorf asked whether Orange County would determine the conditions of approval. Mr. Rooks said this was correct. He noted that all proposed uses would be special uses.

Noting that ten to fifteen years of stone remained in the quarry, Council Member Evans asked why approval was being sought at the present time. Mr. Badham stated that fifteen years was not a very long time since larger pieces of excavation equipment cost $500,000 to $1,500,000 apiece. He added that quarries preferred to have forty years of resource reserves. Mr. Holland noted that although the University had originally proposed the Cane Creek reservoir in 1968, it was not actually completed until 1989.

Council Member Waldorf inquired about the estimated daily yield of the proposed reservoir. Mr. Holland said this had not been determined. Council Member Waldorf said this would be good information. Mr. Holland said there was no definitive way to determine the ultimate size of the quarry following extraction activities.

Council Member Brown asked whether the rainwater evaporation rate in the quarry would be greater than at the Cane Creek reservoir. Mr. Holland said since the quarry was relatively small in area and a lot deeper, it was likely that less evaporation would occur at the quarry. Council Member Powell asked why water would be pumped from Cane Creek reservoir into the quarry. Mr. Holland said the quarry only drained an area of one square mile.

Council Member Capowski inquired whether it was essential that the Council act on the matter this evening. Mr. Holland said OWASA preferred that Council approve the request this evening. He stated that the Council would maintain a degree of political control in future decisions relative to the quarry.

Mayor Broun inquired why the Council was considering a development request so far out of the Town limits. He also inquired about the Town's and County's roles in the process. Mr. Waldon stated that there was a clearly compelling need for long-range planning of urban and rural areas within Orange County. He noted that all three governmental entities, Orange County, the Town of Carrboro and the Town needed to approve proposed changes to the County's land-use plan. Mr. Waldon added that joint planning permitted examination of specific impacts such as traffic and stormwater management related concerns.

Citing concerns about the proposal expressed by citizens earlier in the meeting, Council Member Powell suggested that the Town further examine these concerns. She added that if the Council chose not to do so, she would vote against the proposed land-use plan change. Council Member Powell expressed concern that the applicant was trying to discredit reputable citizens.

Council Member Capowski expressed his concurrence with Council Member Brown's and Powell's concerns about having insufficient information to make an informed decision. He stated that Orange County's minutes of April 14th did not include Mr. Danziger's materials.

Council Member Waldorf said although some questions remained unanswered, the Council also needed to think about the community's economic future. She stated the conceptual project was economically and environmentally superior to many other proposals reviewed by the Council. Council Member Waldorf inquired how alleged damages to property were documented, proven and compensated. Council Member Capowski said he was suggesting that the Council take additional time to consider a project which was ten to fifteen years in the future.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER BACK TO THE MANAGER.

Council Member Brown said the Council needed to proceed with caution in the matter. Mayor Broun said he had a great deal of concern about some comments made by citizens this evening. He urged the Council to think about its role in the County's planning process.

THE MOTION TO REFER WAS ADOPTED BY A VOTE OF 7-2, WITH COUNCIL MEMBERS PROTZMAN AND WALDORF VOTING NO.

Item 9 Proposed State Transportation Improvements Program

Mr. Horton noted that the Council had conducted a public forum at the June 27th regular meeting. He briefly summarized the proposed resolutions before the Council.

Mayor Broun, noted that as Vice-chair of the Durham-Chapel Hill-Carrboro Transportation Advisory Committee, he had recently met with North Carolina Transportation Secretary Hunt to discuss the draft Transportation Improvements Program. Mayor Broun noted that he had expressed the Committee's concerns the relatively small amount of transit funds recommended for the local urban area. He also noted that the proposed Interstate 40 project was not a project priority of the local Transportation Advisory Committee.

Mayor Broun further stated that the I-40 project had been added to the TIP without any consultation of local governments or the TAC. Mayor Broun suggested that the current year's TIP remain in place for one more year until a TIP more suitable to the community's needs was proposed by the State Department of Transportation.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 5A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION PROVIDING COMMENTS TO THE DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION ADVISORY COMMITTEE CONCERNING THE DRAFT 1995-2001 LOCAL TRANSPORTATION IMPROVEMENT PROGRAM

(94-7-5/R-5a)

WHEREAS, the Durham-Chapel Hill-Carrboro Transportation Advisory Committee has proposed 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 Town has reviewed the draft 1995-2001 Local Transportation Improvement Program

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that we endorse the comments provided to Secretary Sam Hunt in the May 23, 1994 concerning the State Transportation Improvement Program.

BE IT FURTHER RESOLVED that the following recommendations concerning the draft 1995-2001 Local Transportation Improvement Program be presented to the Durham-Chapel Hill-Carrboro Transportation Advisory Committee:

- That the Durham-Chapel Hill-Carrboro Urban Area request additional transportation funding from the State to meet the urgent needs of the region

- That the $30 million currently appropriated to the I-40 widening project be re-appropriated to accelerate the I-85 widening project and to fund those currently unfunded Urban Area high priority projects, including transit, bicycle and pedestrian projects.

- That a major capital investment study be undertaken to evaluate the proposed widening of I-40 between I-85 and NC 147. This study should assess the need for improvements between Chapel Hill and I-85 and analyze all transportation options, including fixed guideway transit and high occupancy vehicles lanes.

- That any shortfall in either Section 3 or 9 capital funding for public transit projects should be corrected by reallocating Surface Transportation Program funds from highway projects.

- That the U.S. 15-501 South project undertake improvements to the Morgan Creek Bridge as part of the 1st phase and along the Orange County portion of the project during the 2nd phase of the project.

- That the NC 86 widening project return to previously adopted funding levels and schedule.

This the 5th day of July, 1994.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 5B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REQUESTING THAT THE PUBLIC COMMENT PERIOD FOR THE STATE AND LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS BE REVISED TO ALLOW FOR GREATER PUBLIC PARTICIPATION (94-7-5/R-5b)

WHEREAS, both the State of North Carolina Board of Transportation and Durham-Chapel Hill-Carrboro Transportation Advisory Committee request public comment on their respective Transportation Improvement Programs; and

WHEREAS, the Town of Chapel Hill believes full participation by the public is an important element of the review process; and

WHEREAS, the current schedule of requesting comment on both the State and Local Transportation Improvement Program allows for public participation during May and June; and

WHEREAS, the scheduled comment period occurs during a time when many residents of Chapel Hill are not available to participate fully in public discussions of the Transportation Improvement Programs.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that a change is requested in the schedule for release and public comment on the Transportation Improvement Programs to allow for full public participation.

This the 5th day of July, 1994.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO EXPRESS THE COUNCIL'S DESIRE TO THE STATE DEPARTMENT OF TRANSPORTATION THAT THE CURRENT YEAR TIP REMAIN IN PLACE, RATHER THAN ENACTING THE PROPOSED TIP. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 10 Development Review Procedures

Mr. Horton said a variety of public comments had been received at a recent forum on possible changes to development review procedures. He noted that staff suggested that the Council schedule a work session on the Town's development review process.

Tom McCurdy urged the Council not to adopt any changes to the Town's Development Ordinance until there had been a thorough discussion by all parties. Mayor Broun asked whether Mr. McCurdy favored the Manager's recommendation. Mr. McCurdy said yes.

Milton van Hoy urged the Council to support the Manager's recommendation.

Claire Cooperstein thanked the Council for not acting on the matter until the fall. She emphasized the importance of year-round citizen involvement. Ms. Cooperstein urged the Council to make haste slowly.

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

Council Member Brown suggested that the Council needed to discuss goals in relation to any changes. Mayor Broun expressed his concurrence.

RESOLUTION 6 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SCHEDULING DISCUSSIONS ABOUT DEVELOPMENT REVIEW PROCEDURES (94-7-5/R-6)

WHEREAS, the Council of the Town of Chapel Hill held a Public Hearing on June 20, 1994 to consider proposed changes to development review procedures; and

WHEREAS, several ideas were raised which require further discussion;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Manager to:

- On August 22, 1994, suggest dates for Work Session discussion of these issues.

- On September 12, bring a report to the Council discussing the Development Ordinance amendments discussed on June 20, 1994 (except the proposal to create a new category of subdivision).

- Transmit the June 20 proposal to modify information requirements to the Transportation Board with a request that they submit comments to the Council by September 12.

BE IT FURTHER RESOLVED that the June 20, 1994 Public Hearing on these issues, recessed until July 5, 1994, is hereby recessed further until September 12, 1994.

This the 5th day of June, 1994.

Item 11 CDBG Economic Development Guidelines

Long-range Planning Coordinator Chris Berndt reviewed the proposed guidelines, including emphases on job training programs, revitalization of business areas and assisting small businesses with job creation. She noted that staff recommended that the Orange County Economic Development Commission help review the financial aspects of applications. Ms. Berndt stated that staff recommended adoption of Resolution 7.

Vernessa Taylor, representing the Rural Opportunities Corporation, expressed concern about the proposed process for program fund reimbursements. Ms. Taylor also stated that self-employment should be one of the program's emphases. She suggested that programs be reimbursed more frequently than a quarterly basis.

Ms. Berndt noted that if an organization wished to propose a self-employment program, they would be encouraged to do so. She stated that self-employment programs were similar to job training programs. Mayor Broun said he considered self-employment programs to be a form of job training.

Council Member Powell requested that staff investigate the possibility of providing initial advance payments to new programs. Mr. Horton said he thought this was a good concept which could be further investigated. He added that the frequency of payments could also be reviewed.

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

Council Member Protzman said he was a little uncomfortable with the Town being in the banking business for a revolving loan program. He stated that some community agencies such as the Self-Help Credit Union in Durham did a good job of administering such programs.

Council Member Capowski said the concept of training was a very good one. He expressed concern that the proposal might not have the greatest possible return on physical amenities. Council Member Capowski noted that the Town of Carrboro had been quite successful in administering its own small business revolving loan fund. Council Member Powell noted that JOCCA also handled these types of programs.

RESOLUTION 7 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING ADOPTION OF THE GUIDELINES AND APPLICATION OF THE ECONOMIC DEVELOPMENT COMPONENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (94-7-5/R-7)

WHEREAS, on February 14, 1994, the Council adopted the Economic Development Component of the Community Development Block Grant Program to provide economic development opportunities to low- and moderate-income households in Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the application criteria guidelines for implementing the Economic Development Component of the Community Development Block Grant Program designed to meet the following objectives:

1) Support job training efforts for low income resident;

2) Revitalize the business area serving low- and moderate income neighborhoods of Chapel Hill; and

3) Assist small businesses in providing jobs for low- and moderate-income persons.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to issue a Request for Proposals which meet the objectives of the Economic Development Component.

This the 5th day of July, 1994.

Item 12 Pine Knolls Neighborhood Association

Long-range Planning Coordinator said staff was recommending that an existing performance agreement with the Knolls Neighborhood Association be extended to September 30th. She noted that staff recommended adoption of resolutions a, b and c.

Pine Knolls representative Ted Parrish showed slides of the housing rehabilitation project. He stated that the two rehabilitated units were being rented at $1,200 per month. Mr. Parrish stated that students from Duke and North Carolina Central Universities had assisted with the housing rehabilitation projects. He also said that the units had cost approximately $19 per square foot to construct. Mr. Parrish stated that Central Carolina Bank had expressed its willingness to finance the rehabilitated homes. He also requested that the loan repayment period be extended as long as possible, to make it possible to sell the homes for $50,000 per unit, rather than $56,000 per unit. Council Member Waldorf inquired about the feasibility of such a loan repayment delay. Mr. Horton said there would be some difficulty with the request since there was a limited amount of funds in the Housing Loan Trust Fund. He added that staff could examine this matter and possibly make an amendment to the resolution in the future.

Council Member Capowski said it was amazing what had been accomplished in the last six months. He inquired whether resolution 8c was contingent upon the successful occupancy of two homes on Park Lane. Mr. Horton said it was a reasonable risk to invest in two more homes even though the present units had not been completed.

Mr. Parrish said adoption of Resolution 8c was a moot point since the property appraisals were below the minimum offering prices of the current property owners.

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

RESOLUTION AUTHORIZING AN EXTENSION TO THE PERFORMANCE AGREEMENT BETWEEN THE KNOLLS DEVELOPMENT ASSOCIATION AND THE TOWN OF CHAPEL HILL (94-7-5/R-8a)

WHEREAS, the Knolls Development Association has undertaken the renovation of two homes on a duplex lot off Park Road to provide low-income homeownership opportunities; and

WHEREAS, the Association and the Town of Chapel Hill entered into a Performance Agreement dated June 17, 1994; and the construction loan in said Agreement was due on payable on May 28, 1994; and

WHEREAS, the Association has requested an extension to the Agreement;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request and authorizes an extension until September 30, 1994 with the following contract conditions to be added:

1. Implement a more extensive marketing program to attract potential buyers;

2. Establish a condominium homeowner's association by August 15, 1994; and

3. Complete the rehabilitation work and obtain permanent financing for two low-income buyers by September 30, 1994.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute the necessary contract amendments.

This the 5th day of July, 1994.

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

Council Member Waldorf requested that staff provide a follow-up report on the feasibility of Mr. Parrish's request concerning the proposed loan repayment period. Mr. Horton said staff would attempt to provide a follow-up report at the August 22nd meeting.

RESOLUTION 8B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A CONSTRUCTION LOAN FROM THE HOUSING LOAN TRUST FUND (94-7-5/R-8b)

WHEREAS, the Knolls Development Association has undertaken the renovation of two homes located off Park Road for low-income homeownership; and

WHEREAS, the estimated costs of completing the project are greater than anticipated;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to make an $18,000 construction loan from the Housing Loan Trust Fund to the Knolls Development Association, with payment based upon receipts for actual costs;

BE IT FURTHER RESOLVED that the Council requires repayment of the construction loan to the Housing Loan Trust Fund at the time of the closing of the permanent mortgage financing for the two homes.

This the 5th day of July, 1994.

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

A RESOLUTION AUTHORIZING THE ACQUISITION OF HOUSES AT 108 AND 110 JOHNSON STREET (94-7-5/R-8c)

WHEREAS, the Knolls Development Association has proposed development of 20 low-income homeownership opportunities in the Knolls community of Chapel Hill; and

WHEREAS, the Association has requested the Town acquire two houses at 108 and 110 Johnson Street, transfer ownership to the Association for rehabilitation and sale to low-income families;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the acquisition of two homes at 108 and 110 Johnson Street, and the transfer of them to the Knolls Development Association for rehabilitation and sale to low-income families; however this action shall be contingent upon the Town not purchasing the homes currently under consideration for acquisition at 140 and 144 Lincoln Lane.

This the 5th day of July, 1994.

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

A RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 140 LINCOLN LANE AND 144 LINCOLN LANE (94-7-5/R-9)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it has been determined on the basis of an appraisal by Mr. Tom Heffner, Appraiser, and a review appraisal by Mr. Lee Butzin, Appraiser, that the just compensation of the property to be acquired for Community Development program purposes is as follows:

Parcel Interest to Fair Market

No. Owner Be Acquired Value

7.100-C-11P George Tate House and Lot $35,500

(140 Lincoln Lane)

7.100-C-11M John Cates House and Lot $35,000

(144 Lincoln Lane)

BE IT FURTHER RESOLVED that the Council hereby certifies that to the best of its knowledge, the work of the appraiser, Mr. Tom Heffner, and the review appraiser, Mr. Lee Butzin, has been performed in a competent manner in accord with applicable State and federal law and the policies and requirements of the U. S. Department of Housing and Urban Development; and authorizes the Manager to acquire the property for an amount not to exceed the fair market value as determined by the appraisal of Mr. Tom Heffner.

This the 5th day of July, 1994.

Item 13 Registration of Domestic Partners

Mr. Karpinos presented an overview of his report to the Council, noting that the registration of domestic partners might impact a number of Town personnel and other policies, such as activity fees and discounts. He noted that the Council might wish to hold a public hearing on the matter or request staff to prepare a more detailed report.

Susan Johnston said she had lived in the Town for nearly twenty-five years and owned a home with her domestic partner for about eighteen years. Ms. Johnston stated that although she was actively involved in the community, many employers did not consider domestic partners and their children as family members. She also said that heterosexual employees enjoyed economic advantages not enjoyed by homosexual employees. Ms. Johnston requested that Town employment benefits be extended to domestic partners. She also requested that the Council proceed with the registration of domestic partners.

Matt Stiegler urged the Council to give serious consideration to a proposal similar to the one proposed by the Town of Carrboro. Mr. Stiegler said it was important for the Council to provide leadership relative to the concerns of gay and lesbian citizens. He requested that the Council extend benefits and additional rights to gay and lesbian citizens.

Lightning Brown said the matter before the Council was not just a lesbian and gay rights question. He noted that most domestic registrants in other communities had been heterosexual couples. Mr. Brown suggested that the Council treat the matter as several separate proposals.

Mayor Broun said the question before the Council was whether or not the staff should perform additional research on the registration of domestic partner or schedule a public hearing on the matter.

Council Member Chilton said he thought the Town of Carrboro was making an interesting and important policy step in considering the registration of domestic partners. He stated that the largest financial issue to be considered involved health insurance benefits. Council Member Chilton requested that the staff further research applicable statutes and their related cost implications for the Town. He also requested that staff draft specific language for a public hearing in the fall or spring. Mr. Horton said staff would perform additional research and prepare draft language for a public hearing. He stated that this work could be completed by late fall or early spring.

Council Member Protzman requested that the staff's follow-up reports be segregated by individual topics of concern.

Noting that health care costs had increased significantly in recent years, Council Member Capowski inquired about the number of unmarried Town employees. He also inquired how the proposed registration of domestic partners would effect the rooming house ordinance relating the definition of family members.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE MATTER TO STAFF FOR PREPARATION OF DETAILED REPORTS AND DRAFT LANGUAGE FOR A PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 14 Bolin Creek Greenway Trail Easements

Mr. Horton said the Town needed to acquire temporary and permanent easements along Bolin Creek trail, adjoining the Village Green condominiums.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION TO INITIATE PROCEEDINGS TO ACQUIRE A PUBLIC GREENWAYS EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT, ACROSS VILLAGE GREEN CONDOMINIUM PROPERTY, USING THE TOWN'S POWER OF EMINENT DOMAIN (94-7-5/R-10)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to initiate proceedings, if necessary, to acquire a public greenway easement and a temporary construction easement across Village Green Condominium property, using the Town's power of eminent domain.

This the 5th day of July, 1994.

Item 15 Streetscape Master Plan

Mr. Horton said Town staff had surveyed area property owners about the proposed pilot streetscape project. He added that disruptions to pedestrian and vehicular traffic would be minimized if the Council wished for the project to proceed.

Alonzo Coleman said he represented merchants who were opposed to the streetscape proposal. He stated that the area proposed for the project was very nice and quaint and did not need improvements. Mr. Coleman also said that the area had come to life in recent years due to the ingenuity of area merchants. He expressed concern that the demonstration project would ultimately fall on the back of undercapitalized area merchants and would not be completed on schedule. Mr. Coleman requested that the Council start the streetscape project in an area which needed and wanted it.

Milton Van Hoy, Appearance Commission Chairperson, said he enthusiastically supported the streetscape proposal.

Lisa Marcuson, owner of Modern Times Clothing Store, said that planners and builders did not know what it took to maintain a good business environment. Ms. Marcuson stated that maintaining area business viability was a fragile arrangement. She expressed concern about a proposal to trench within a few feet of existing significant trees. Ms. Marcuson stated that it would take a long time to replace trees which were forty to fifty feet tall.

Gaussen Hamner, Manager at Modern Times, stated that $28,000 could go a long way to beautifying the downtown area, perhaps including a green grass setting, benches and planters. She urged the Council to consider the beauty of the entire downtown in reestablishing the Town as the jewel of the south.

Bob Bacon requested an update on a tree inspection earlier in the day by a tree expert. He stated that of sixteen merchants in the area of the proposed project, seven merchants opposed the proposal while nine favored the proposal. Mr. Bacon expressed concern that once changes were made, things would never be the same.

Pete Mendenhal, General Manager of Ham's Restaurant, said he thought it was a good idea to revitalize the downtown area with the proposed streetscape project. He added that if the streetscape project were not approved, it would take longer to make infrastructure improvements in the future. Mr. Mendenhal said he hoped the Council would support the proposal.

Mayor Broun inquired about the tree report referenced by Mr. Bacon. Urban Forester Curtis Brooks said Dr. Tom Perry had conducted an independent design evaluation relative to trees and boring, to minimize damage to trees in the streetscape project. Mr. Brooks said that staff would follow Dr. Perry's recommendations to minimize damage to trees.

Creighton Humphreys, an area merchant for nine years, said that area sidewalks were uneven, causing some pedestrians to trip. He stated that $28,000 would provide a safe surface for people to access his store and other area businesses. Mr. Humphreys encouraged the Council to proceed with the streetscape project.

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

Noting the division among area merchants, Council Member Brown suggested that the streetscape project be initiated in an area with more widespread support of the proposal. Council Member Brown said she would vote against the proposed resolution.

Mayor Broun reemphasized the need to proceed with the project in the least burdensome way. Council Member Protzman said although he was not sure that he supported the streetscape master plan, he did support the pilot streetscape project. He stated that some sidewalk improvements were greatly needed in the area.

Council Member Capowski said he would vote for the proposal on the strength of a poll of area merchants. He stated that some properties in the area were deteriorating.

RESOLUTION 11 WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER BROWN VOTING NO.

A RESOLUTION AUTHORIZING USE OF $28,000 IN CIP AND DOWNTOWN SERVICE DISTRICT FUNDS TO IMPLEMENT A DEMONSTRATION PROJECT FOR THE DOWNTOWN STREETSCAPE MASTER PLAN ALONG 400' OF WEST FRANKLIN STREET BETWEEN HAM'S RESTAURANT AND CHAPEL HILL CLEANERS (94-7-5/R-11)

WHEREAS, the Council previously selected a site along West Franklin Street for a demonstration project for the Downtown Streetscape Master Plan; and

WHEREAS, a majority of both property owners and business operators support the original site selected;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to use $28,000 from CIP and Downtown Service District funds to implement a demonstration project for the Downtown Streetscape Master Plan along 400' of West Franklin Street between Ham's Restaurant and Chapel Hill Cleaners.

This the 5th day of July, 1994.

Item 16 Cable Television Franchise Renewal Process

Mr. Horton said the Town's cable television negotiating team had not been able to reach a happy conclusion of its informal discussions due to disagreements about the need for converter boxes. He stated that adoption of a resolution initiating a more formal franchise process was recommended.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 12A.

Council Member Capowski said great progress had been made on all matters excepting converter boxes. He thanked the Council for their patience during the negotiating process.

RESOLUTION 12A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING A SCHEDULE FOR CONSIDERATION OF FRANCHISE RENEWAL UNDER THE FORMAL PROCESS IN THE CABLE COMMUNICATIONS POLICY ACT AS AMENDED (94-7-5/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following calendar for consideration of renewal of the cable television franchise under the formal process in federal law, and authorizes the Manager to take actions necessary to carry out this process in accord with federal requirements:

Action	Date
1a. Adoption of calendar including application deadline and date for public forum	July 5
2. Authorization by the Council of formal request for renewal application	August 22
3. Deadline for submittal of franchise renewal application	September 22
4. Public forum conducted by the Council on application for franchise renewal	October 11 (Tuesday)
5. Cable Television Advisory Committee makes recommendation on application	By October 20 (Thursday)
6. Decision by the Council to either (1) resume negotiations with the cable company or (2) make a preliminary determination to deny franchise renewal; if the Council makes a preliminary determination to deny, a quasi-judicial public hearing would be scheduled	October 20 (Thursday) [deadline: December 14]
7a. If the Council authorizes further negotiations with Cablevision representatives, Manager submits report following negotiations	November 14
7b. Quasi-judicial public hearing (if held)	November 15
8. Decision by the Council on renewal application after quasi-judicial public hearing	December 5

This the 5th day of July, 1994.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 12B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A REQUEST TO THE FEDERAL COMMUNICATIONS COMMISSION FOR A DECLARATORY JUDGEMENT ON WHETHER THE TOWN CAN LIMIT THROUGH FRANCHISE REQUIREMENTS THE NEED FOR CONVERTER BOXES TO RECEIVE CABLE TELEVISION SERVICES (94-7-5/R-12b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to request a declaratory judgement by the Federal Communications Commission on whether the Town can establish franchise requirements that would limit the need for use of converters to receive cable television services.

This the 5th day of July, 1994.

Item 17 Calling Hearing on U.S. 15-501 Corridor Study

Mr. Horton briefly reviewed the proposed resolution.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING FOR OCTOBER 19, 1994 TO RECEIVE PUBLIC COMMENT ON THE PROPOSED U.S. 15-501 BOULEVARD MASTER TRANSPORTATION PLAN AND DIRECTING THE MANAGER TO PROCEED IN THE DEVELOPMENT OF THE PHASE II STUDY (94-7-5/R-13)

WHEREAS, the U.S. 15-501 Boulevard Transportation Master Plan has been submitted to the Town for review; and

WHEREAS, the Council of the Town of Chapel Hill has referred the Master Plan to the Transportation Board and Planning Board for comment; and

WHEREAS, the Transportation Board and Planning Board have completed a preliminary review of the Master Plan; and

WHEREAS, the Transportation Board and Planning Board have requested that the Town Council call a public hearing to receive public comment on the Master Plan; and

WHEREAS, both advisory boards have recommended that the Town begin the development of the proposed Phase II Study to analyze alternative transportation strategies.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of Chapel Hill that a public hearing be scheduled for October 19, 1994 to receive public comment on the proposed U.S. 15-501 Boulevard Transportation Master Plan.

BE IT FURTHER RESOLVED, that the Council authorizes the Manager to proceed in developing a scope of work, project budget, and cost sharing arrangement for the Phase II Study.

This the 5th day of July, 1994.

Item 18 Consent Agenda

Council Member Capowski requested removal of item f. Council Member Evans requested removal of item m.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS F AND M. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES (94-7-5/R-14)

BE IT RESOLOVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following resolutions and ordinances as submitted by the Town Manager (excepting item c) in regard to the following.

a. Landfill construction bid award (R-15).

b. Opposing transport of 16-foot-wide mobile homes on State highways (R-16). Mayor Broun.

c. Adjustment to Durham/Chapel Hill 1986 Consent Judgement Annexation Boundary Line (R-17).

d. 1994-95 Human Service performance agreements (R-18).

e. Amendment to Orange County Zoning for Southern Joint Planning Transition Area (R-19).

f. Culbreth Park subdivision homeowner concerns (R-20).

g. Mount Bolus/Markham Drive sewer improvement easements (R-21).

h. Extension of period for review of Cable Television rates (R-22).

i. Change in Fire Department work schedule (O-1.1).

j. Personnel Ordinance revision: Housing "Rehabilitation Technician" position (O-2).

k. Yard waste collection-plastic bags (R-24).

l. Eastowne Drive and Providence Road parking restrictions (O-3).

m. Elizabeth Street parking restrictions (O-4).

n. Certification of firefighter roster for pension fund (R-25).

o. East Franklin Street (Stroud Hill) Traffic Safety Improvements (R-26).

p. Revisions to cemetery monument regulations (O-5).

q. Authorization for Mayor Pro-Tem and Assistant Managers to sign Parking Refinancing Documents (R-27).

A RESOLUTION ACCEPTING THE BID AND AWARDING A CONTRACT FOR THE ORANGE REGIONAL LANDFILL PHASES 1 AND 2 CONSTRUCTION

(94-7-5/R-15)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the May 9, 1994, edition of The Chapel Hill Newspaper, the May 8, 1994, edition of the News & Observer and the May 10, 1994, edition of The Challenger in accordance with G. S. 143-128 for the Orange Regional Landfill Phases 1 and 2 Construction; and

WHEREAS, the following bids were received and opened on June 16, 1994 (the amounts shown are original bids minus Alternate Bid B):

Ground Improvement Techniques, Inc. $2,774,500

Glover Construction Co., Inc. 2,801,000

Phillips and Jordan, Inc. 3,568,000

Allegheny Construction Co., Inc. 3,648,000

Triangle Paving, Inc. 3,996,280

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of Ground Improvement Techniques, Inc. in the amount of $2,774,500, and authorizes the Town Manager to execute a contract for the work.

This the 5th day of July, 1994.

A RESOLUTION OPPOSING THE TRANSPORT OF SIXTEEN-FOOT WIDE MODULAR AND MOBILES HOMES ON CERTAIN HIGHWAYS IN NORTH CAROLINA (94-7-5/R-16)

WHEREAS, on December 3, 1993, the North Carolina Board of Transportation approved a policy to implement amending Title 19A of the North Carolina Administrative Code 02D.067 to allow the transport of 16-foot wide mobile/modular homes on designated highways in North Carolina; and

WHEREAS, upon publishing text of the proposed rule with notice of public hearings in the North Carolina Register, the State of North Carolina will hold public hearings and also allow for written public comment; and

WHEREAS, the proposed transport routes for 16-foot wide mobile/modular homes within the Durham-Chapel Hill-Carrboro Urban Area include I-40, I-85 and U.S. 15-501 (Duke Street and Roxboro Road)-- routes with 12-foot wide travel lanes currently operating at or greatly exceeding designed traffic capacity; and

WHEREAS, the transport of 16-foot wide mobile/modular homes will significantly impede traffic in transport lanes and adjacent travel lanes, creating traffic delays, congestion and unsafe conditions; and

WHEREAS, traffic congestion increases auto tailpipe emissions, which are the major contributor to the area's ambient air quality standard violations and resulting non-attainment designation for ozone and carbon monoxide; and

WHEREAS, I-85 will be under continuous reconstruction for the next decade and beyond; and the transport of these homes through construction zones with concrete barriers and narrowed travel lanes will severely impede the flow of traffic, increase the probability of collisions, and endanger the safety and lives of the general motoring public; and

WHEREAS, the proposed policy would prohibit the transport of these homes through construction zones and require detour routes along unspecified routes; and

WHEREAS, The Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro Urban Area, which serves as the Metropolitan Planning Organization for transportation planning purposes, has adopted a resolution opposing the plan to allow 16-foot-wide mobile and modular homes on certain highways in the Urban Area;

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

1. That the Council opposes the proposal to allow 16-foot wide mobile and modular homes to be transported on highways in the Durham-Chapel Hill-Carrboro Urban Area and any other highway in the State of North Carolina.; and

2. That the Council opposes the transport of 16-foot wide mobile/modular homes along unspecified detour routes due to restrictions on transport through construction zones along the proposed transport routes.

3. That the Council strongly encourages the State to fully examine all transport or other means for providing the economic advantages necessary for the North Carolina mobile home industry to remain competitive with manufacturers in other states; and

4. That copies of this resolution be provided to the Governor, the Secretary of Transportation, the Council of State and to the legislative delegation.

This the 5th day of July, 1994.

A RESOLUTION AUTHORIZING AMENDMENT TO THE CONSENT ORDER TOWN OF CHAPEL HILL V. CITY OF DURHAM, 85 CVS 3108 AND APPROVING A MODIFICATION OF THE LINE REPRESENTING THE LIMITS FOR FUTURE ANNEXATIONS BY THE MUNICIPALITIES OF CHAPEL HILL AND DURHAM

(94-7-5/R-17)

WHEREAS, the City of Durham and the Town of Chapel Hill entered into a consent order in Town of Chapel Hill v. City of Durham (85 CVS 3108, Durham County) establishing a line across which neither municipality would:

(a) accept or process any petition or annexation of land;

(b) initiate or process any unilateral annexation of any land;

WHEREAS, the City of Durham and the Town of Chapel Hill, through their respective governing bodies, believe it is proper and in the best interest of the municipalities to make certain adjustments to the line established in the consent order such that Orange County Tax Map Lot 7.15..17B would be subject to annexation by the City of Durham and Durham County Tax Map Lots 479A-1-14 through 16, and a portion of 17; 479A-2-1 through 4; 479A-4-18 and 19, and a portion of 17; 479A-5-, a portion of 2; and the intervening right-of-way of Nottingham Drive and Kinsale Drive, would be subject to annexation by the Town of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it does hereby authorize the modification of the consent order in Town of Chapel Hill v. City of Durham, (85 CvS 3108, Durham County) such that the line defining the long range annexation boundary between the City of Durham and the Town of Chapel Hill would be adjusted such that Orange County Tax Map Lot 7.15..17B would be subject to annexation by the City of Durham and Durham County Tax Map Lots 479A-1-14 through 16, and a portion of 17; 479A-2-1 through 4; 479A-4-18 and 19, and a portion of 17; 479A-5-, a portion of 2; and the intervening right-of-way of Nottingham Drive and Kinsale Drive, would be subject to annexation by the Town of Chapel Hill;

BE IT FURTHER RESOLVED that it is the clear and express intention of the Town of Chapel Hill by adopting this resolution and authorizing the modification of the consent judgment that both the Town of Chapel Hill and the City of Durham will remain bound and obligated by the terms of the consent judgment entered December 6, 1986, except as specifically modified pursuant to this resolution;

BE IT FURTHER RESOLVED that the Council authorizes and directs the Town Manager and Town Attorney to sign a modification of the consent judgment to carry out the terms of this resolution; and

BE IT FURTHER RESOLVED that the adoption of this resolution is contingent upon the adoption of a substantially identical resolution by the Council of the City of Durham.

This is the 5th day of July, 1994.

A RESOLUTION APPROVING 1994-95 FUNDING FOR PERFORMANCE AGREEMENTS WITH HUMAN SERVICE AGENCIES AS RECOMMENDED BY THE HUMAN SERVICES ADVISORY BOARD (94-7-5/R-18)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for performance agreements with human service agencies in 1994-95 to address the community's human service needs identified by the Human Services Advisory Board:

Amount

The ARC $ 7,000

Center for Peace Education 3,575

Chapel Hill/Carrboro Meals on Wheels 1,300

Charles House 4,000

Child Care Networks 1,000

Community School People Under Six 2,150

Consumer Credit Counseling Services 3,000

Day Care Services Association 9,500

Dispute Settlement Center 4,000

Joint Orange-Chatham Community Action 4,500

Franklin Street Teen Center 3,000

Mental Health Association in Orange County 2,000

Orange County Disability Awareness Council 400

Orange County Literacy Council 5,000

Orange County Rape Crisis Center 10,000

Orange County Women's Center 5,000

Orange-Durham Coalition for Battered Women 14,000

Triangle Hospice 2,000

Volunteers for Youth 5,000

Chapel Hill-Carrboro Resident Council 5,000

North State Legal Services, Inc. 5,000

Orange & Chatham Alternative Sentencing 1,500

Triangle Radio Reading Services 1,500

Triangle Residential Options for Substance Abusers 5,000

$104,425

BE IT FURTHER RESOLVED that the Council hereby approves, and authorizes the Manager to execute on behalf of the Town, agreements with the above agencies for services described in the Human Services Advisory Board's report on May 23, 1994.

This the 5th day of July, 1994.

A RESOLUTION APPROVING AN ORANGE COUNTY ORDINANCE TO ADJUST THE EXISTING ZONING IN CHAPEL HILL'S SOUTHERN JOINT PLANNING TRANSITION AREA, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (94-7-5/R-19)

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

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

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

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

WHEREAS, on November 22, 1993 and on February 14, 1994, the Council rezoned portions of the Southern Small Area located within the Town's extraterritorial planning jurisdiction; and

WHEREAS, the Joint Planning Agreement requires that changes in zoning for land within the Joint Planning Transition Area be approved by both Orange County and Chapel Hill; and

WHEREAS, Orange County and Chapel Hill held a joint public hearing on this proposal on April 14, 1994;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approve an Orange County ordinance that would adjust the zoning in the Southern Joint Planning Transition Area to Residential Low-Density 1 (R-LD1), as designated on the attached map.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Town Manager provide a copy of this resolution for consideration by the Orange County Board of Commissioners.

This the 5th day of July, 1994.

A RESOLUTION AUTHORIZING TRANSFER OF EASEMENTS TO THE ORANGE WATER AND SEWER AUTHORITY FOR THE MARKHAM DRIVE AND MOUNT BOLUS SEWER PROJECTS (94-7-5/R-21)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Town Manager and Town Attorney to execute on behalf of the Town, deeds for the transfer of sewer easements substantially as requested by the Authority in a letter dated June 20, 1994.

This the 5th day of July, 1994.

A RESOLUTION EXTENDING THE PERIOD FOR REVIEW OF BASIC CABLE TELEVISION RATES UNDER FEDERAL REGULATIONS (94-7-5/R-22)

WHEREAS, the Council has taken steps necessary to enforce federal regulations for basic cable service and associated equipment; and

WHEREAS, under federal rules, the cable television company must submit information on its rates to the Town this summer; and

WHEREAS, because the Council will not hold a regular business meeting between July 5 and August 22, an extension of the period for rate review is needed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the period for rate review is extended by 90 days in the case of any filing under the benchmark rules and by 150 days in the case of any filing under cost-of-service rules.

This the 5th day of July, 1994.

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES

(94-7-5/O-1.1)

In Sec.14-70 (Holidays - Compensation), ADD the following as a second paragraph:

Provided, however, that the Manager may develop a policy for a lesser amount of holiday compensation for employees working 24 hour rotating shifts.

This the 5th day of July, 1994.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(93-7-5/0-2)

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, 1994 (94-6-6/0-2) and beginning September 1, 1994 (94-6-6/0-3)"

In Section III

in grade 16 ADD the title Rehabilitation Technician

In Section IV, part C, in the Housing Department ADD the line

Full-time Part-time GRADE

# hrs. # hrs.

Rehabilitation Technician 1 40 - - 16

This the 5th day of July, 1994.

A RESOLUTION AUTHORIZING EXPERIMENTAL USE OF CLEAR PLASTIC BAGS FOR DISPOSAL OF YARD WASTE (94-7-5/R-24)

WHEREAS, the Town banned the use of plastic bags for disposal of yard waste at the Orange Regional Landfill in January, 1993; and

WHEREAS, some citizens have objected to this ban;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to commence an experimental program in July, 1994, in which citizens will be allowed to use clear plastic bags for disposal of yard waste at the Orange Regional Landfill; furthermore, the Town Manager will report back to the Council with an evaluation of the experimental program, along with appropriate recommendations.

This the 5th day of July, 1994.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-7-5/O-3)

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

SECTION I

That section 21-27 - No parking as to particular streets - is amended by inserting the following therein, in appropriate alphabetical order.

STREET

SIDE

FROM

Providence Road

Inside Radius

The west intersection with Eastowne Drive

The east intersection with Eastowne Drive

Providence Road

Outer

Radius

Outer Radius

The center of Eastowne Drive at the west intersection with Eastowne Drive

A point 125 feet north of the center of Eastowne Drive at the west intersection with Eastowne Drive

A point 70 feet north of the center of Eastowne Drive at the west intersection with Eastowne Drive

A point 326 feet north of the center of Eastowne Drive at the west intersection with Eastowne Drive

Providence Road

Outer Radius

A point 258 feet west of the west pavement edge of Cloister Court

A point 295 feet north of the center of Eastowne Drive at the east intersection with Eastowne Drive

A point 479 feet west of the west pavement edge of Cloister Court

A point 613 feet north of the center of Eastowne Drive at the east intersection with Eastowne Drive

Providence Road

Outer Radius

The center of Eastowne Drive at the east intersection with Eastowne Drive

A point 70 feet north of the center of Eastowne Drive at the east intersection with Eastowne Drive

Eastowne Drive

North Side

The west intersection with Providence Road

A point 75 feet east of the east intersection with Providence Road

Eastowne Drive

South Side

A point 171 feet west of the center of Providence Road at the east intersection with Eastowne Drive

A point 355 feet west of the center of Providence Road at the east intersection with Eastowne Drive

SECTION II

This ordinance shall become effective on August 1, 1994.

SECTION III

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

This the 5th day of July, 1994.

A RESOLUTION AUTHORIZING CERTIFICATION OF FIREFIGHTERS

(94-7-5/R-25)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Mayor is hereby authorized to certify to the North Carolina Firefighters' Pension Fund the attached roster of Firefighters employed by the Town of Chapel Hill on June 30, 1994.

This the 5th day of July, 1994.

A RESOLUTION DIRECTING THE TOWN MANAGER TO ARRANGE A PUBLIC INFORMATION MEETING IN SEPTEMBER 1994 TO PRESENT INFORMATION AND SOLICIT COMMENTS ABOUT POSSIBLE TRAFFIC SAFETY IMPROVEMENTS ON THE STROUD HILL SECTION OF EAST FRANKLIN STREET (94-07-05/R-26)

WHEREAS, Stroud Hill is a key thoroughfare serving Chapel Hill; and

WHEREAS, the Council desires to take measures to improve traffic safety on Stroud Hill, if possible; and

WHEREAS, the Council desires further information and public comment before considering traffic safety improvements on Stroud Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith directs the Town Manager to arrange a public information meeting in September 1994 to present information and solicit comments about possible traffic safety improvements on the Stroud Hill section of East Franklin Street.

This the 5th day of July, 1994.

AN ORDINANCE AMENDING CEMETERY MONUMENT REGULATIONS

(94-7-5/0-5)

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

SECTION 1

The Council hereby amends Chapter 6 of the Town Code as follows:

Sec. 6-27. Markers, shrubbery and landscaping generally.

No planting of trees, shrubbery or flowers shall be permitted in the cemetery except by or under the direction of the Town Manager and in accordance with the master plan map. No walls, trees, shrubbery or any other obstruction shall be permitted in the cemetery except in areas designated for such purposes on the master plan. All graves shall be level with the surrounding area. No mounds shall be allowed.

All makers in the cemetery shall be bronze or stone. A ~~double~~ family marker shall be permitted on two ~~(2)~~ or more adjacent graves, located side by side, and shall be placed along the base line of the grave spaces and centered ~~on the line~~ between the ~~two (2) grave~~ spaces. The width of a single marker shall not exceed thirty-six (36) inches. The width of a double marker shall not exceed eighty-four (84) inches. The width of a marker on a cremation space shall not exceed thirty (30) inches. Single and cremation markers shall be placed along the base line of the grave space and centered on the axis of the space.

Above ground monuments shall have four-inch concrete aprons which shall be flush with the ground in order to facilitate monument protection, stability and maintenance. No monument shall exceed four (4) feet in height or ten (10) feet in width. All foot markers shall be laid flush with the ground. A maximum of one (1) upright monument shall be permitted per each grave.

~~If anyone desires to place an above ground marker, the plans for the foundations must be submitted to the Town Manager or his designee for review to determine adequacy thereof.~~ The persons placing the markers shall request the Town to locate the grave corners prior to placing the monument. After installation, a final inspection of the marker shall be made by the Town. All installations of markers shall comply with dimensions and placement details approved by the Town Manager.

Anyone placing or causing to be placed a grave marker so that it is not in conformity with this section will correct it. If the marker is not brought into conformity as requested, the Town shall make the correction and bill the person who placed or caused to be placed the marker. (Comp. 1961, p. 232a; Ord. of 4-9-62, § 1; Ord, of 3-26-63, § 1; Ord. of 11-25-63; Ord. No. O-73-23 §§ 1, 2, 6-25-73; Ord. No. O-80-20, § 1, 3-10-80; Ord. No. O-80-68, § 1, 10-13-80)

SECTION 2

This ordinance shall be effective on August 1, 1994.

This the 5th day of July, 1994.

A RESOLUTION AUTHORIZING THE MAYOR PRO-TEM AND ASSISTANT MANAGERS TO SIGN LEGAL DOCUMENTS RELATED TO THE PARKING FACILITIES REFUNDING CERTIFICATES OF PARTICIPATION (94-7-5/R-27)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Mayor, the Mayor Pro-tem, the Town Clerk, the Town Manager, the Finance Officer, the Town Attorney, and the Assistant Town Manager who is designated as Acting Manager in the absence of the Town Manager to take any and all actions to execute and deliver documents as may be necessary or advisable to effect the installment purchase contract and other documents related to the Parking Facilities Refunding Certificates of Participation.

This the 5th day of June, 1994.

Council Member Capowski noted that the Town had a tremendous investment in the Culbreth Park subdivision.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AFFIRMING THE INTENT OF THE TOWN OF CHAPEL HILL CONCERNING FUTURE SALES OF CULBRETH PARK SUBDIVISION HOMES

(94-7-5/R-20)

WHEREAS, the Town of Chapel Hill and Culbreth Park Development Corporation entered into a Development Agreement on December 18, 1990; and

WHEREAS, that Agreement included responsibilities of the Town of Chapel Hill to develop and maintain a waiting list and referral system for future buyers of homes in Culbreth Park Subdivision;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill affirms its intent to assist with locating future buyers of homes who are low income; and

BE IT FURTHER RESOLVED that the Council requests the assistance of the Orange Community Housing Corporation in carrying out a waiting list and referral system for future buyers of homes, informal assistance to sellers, and annually verifying residency, payment of real estate taxes and insurance, and monitoring the extent of future home improvements; and directs the Town Manager include these responsibilities in the Town's annual Performance Agreement with the Orange Coummunity Housing Corporation.

This the 5th day of July, 1994.

Council Member Evans said she understood that some neighborhood residents had concerns about parking on curved areas of Elizabeth Street. She suggested that staff report back to the Council on options for parking on the curved and straight portions of Elizabeth Street.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO REFER THE MATTER TO STAFF. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

Item 19 Information Reports

Mayor Broun said the Town was deeply indebted to its Bicentennial volunteers.

Council Member Powell thanked the staff for a very good report on the HOPE I program. She noted that the program was for all public housing residents, not just for residents of Airport Gardens.

Mayor Broun noted that a report might follow the Executive Session. Mayor Broun reported that the Council had unanimously recommended that the Manager and Attorney receive five percent salary increases in recognition of their performance during the most recent fiscal year.

The meeting adjourned at 11:36 p.m.