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

CHAPEL HILL, NORTH CAROLINA, NOVEMBER 14, 1994 AT 7:00 P.M.

Mayor Broun called the meeting to order.

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

Item 1 Ceremonies

Mark Collins, representing Southern Bell, presented Mayor Broun with an original painting used for the 1994-95 Chapel Hill-Carrboro Telephone Directory, painted by Chapel Hill resident Maud Gatewood commemorating the Town's bicentennial.

Josh Gurlitz, Chairperson of the Historic District Commission, presented a certificate regarding the listing of the Old Chapel Hill Cemetery in the National Register of Historic Places.

Item 3 Petitions

Ted Parrish, representing the Knolls Development Association, reported that the Association had finished rehabilitating three houses and work was in progress on twenty other homes. Mr. Parrish asked the Council to allocate $108,000 previously earmarked for rehabilitation of public housing and use these funds to purchase acreage for developing affordable housing.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO REFER THE PETITION. THE MOVED WAS ADOPTED UNANIMOUSLY (9-0).

Members of the Oaks III Homeowners Association petitioned the Council to prohibit door to door solicitation in their neighborhood.

Council Member Chilton remarked that this request might be unconstitutional.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO RECEIVE THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Kenneth Peterson stated that his son was an avid skateboard enthusiast. He said that skateboarding was a sport and his son should not have to travel one and one-half hours to Fayetteville each time he wished to enjoying skateboarding legally at a dedicated facility. Mr. Peterson requested that the Council set aside a dedicated space in the community for skateboarding activities. He also stated that there were creative ways to deal with liability-related matters.

Council Member Protzman said he hoped that the Town would be able to identify an area for skateboarders to enjoy their pastime safely and legally.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE MR. PETERSON'S PETITION.

Council Member Powell said this was a good non-traditional activity and she hoped the Town could examine more non team-oriented recreational activities.

THE MOTION TO RECEIVE THE PETITION WAS ADOPTED UNANIMOUSLY

(9-0).

Council Member Waldorf reminded the Council that OWASA would meet on November 16th to discuss impact fees. She requested that a staff member attend the meeting and report back to the Council.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, FOR STAFF TO BRING BACK A BRIEF REPORT OF THE OWASA MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Board and Commission Nominations

Mayor Broun noted that there were currently three vacancies on the Housing and Community Development Advisory Board, two for Town residents and one for a Town of Carrboro resident.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS TO THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that there were six vacancies on the Transportation Board.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS TO THE TRANSPORTATION BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO NOMINATE ALL APPLICANTS TO THE ORANGE COUNTY FUTURES TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY.

Mayor Brown suggested that he and Council Member Brown serve as Council representatives on the Orange County Futures Task Force.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE AND APPOINT MAYOR BROUN AND COUNCIL MEMBER BROWN TO THE ORANGE COUNTY FUTURES TASK FORCE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 Horace Williams Property

Mr. Horton presented a brief overview of the matter and related alternate resolutions for Council consideration.

Mr. Nicholas said he believed there were two options before the Council: to rezone all of the Horace Williams property or rezone only the areas currently occupied by buildings. Mr. Nicholas said he believed the option of complete rezoning was best. He stated

that the Council needed to take care in rezoning of existing buildings since it might be possible for the University to change building uses in the future without Council review.

Council Member Capowski thanked Council Members Brown and Waldorf for their work on the resolutions before the Council. He said he was glad to support a resolution which offered protection to residents of the Barclay Road area. Council Member Capowski noted that he would support Ordinance B which focused on vacant land to the west of the site.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE 1B.

Council Member Chilton said he wanted to share with the Council some additional research he had conducted on the topic. He suggested that the Council consider how the zoning of other university properties in the Triangle area was conducted. Council Member Chilton noted that all new construction on the campus of North Carolina State University was reviewed by the Raleigh City staff and the City Council. He added that any construction on university land in the City of Durham had to be reviewed by Durham City staff and the City Council. Council Member Chilton said he did not believe that UNC should be the only property in the area not subject to review by staff and local elected officials.

Council Member Brown asked whether all of the buildings owned by the University were in the shaded areas on the map presented to the Council. Mr. Horton said yes.

Council Member Evans read a statement from a February 1993 memo from the Manager. She stated that the University, in order to avoid the one hundred foot rule and reduction in floor area ratio required by the Development Ordinance, had chosen not to build within a hundred feet.

ORDINANCE 1B WAS ADOPTED UNANIMOUSLY.

AN ORDINANCE TO CHANGE THE EXISTING ZONING ON THE UNIVERSITY OF NORTH CAROLINA'S HORACE WILLIAMS PROPERTY (94-11-14/O-1b)

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

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

WHEREAS, the existing zoning (Office-Institutional 3) for the portion of this property that is vacant land south of Estes Drive is not appropriate in consideration of future development proposals for this property; and

WHEREAS, the existing zoning for this property does not best support the public health, safety, and welfare, of the greater community;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning of this portion of the Horace Williams tract is hereby rezoned Office-Institutional 2, as designated on the attached map (Map 2 - Proposed Zoning), due to changed or changing conditions in the area.

This the 14th day of November, 1994.

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

Council Member Evans suggested a friendly amendment: that public hearings be held as early as possible in order to avoid delays. Council Member Capowski said he felt that this situation was already covered by the expedited review process.

Council Member Chilton stated that although not all developers wished to have their reviews expedited, it appeared that the University did desire expeditious review of its plans.

Council Member Protzman said his understanding was that the Town did not have a formal application process for this type of situation. He inquired about the Town's legal standing in passing an ordinance rezoning land for which the owner had near-term development plans. Mr. Karpinos said the ordinance would apply unless an application had already been filed.

THE MOTION TO ADOPT ORDINANCE C AS DRAFTED WITHOUT THE PROPOSED FRIENDLY AMENDMENT WAS ADOPTED 7-2, WITH COUNCIL MEMBERS PROTZMAN AND EVANS VOTING NO.

AN ORDINANCE TO CHANGE THE EXISTING ZONING ON THE UNIVERSITY OF NORTH CAROLINA'S HORACE WILLIAMS PROPERTY (94-11-14/O-1c)

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

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

WHEREAS, the existing zoning for this property does not best support the public health, safety, and welfare, of the greater community;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the zoning of this portion of the Horace Williams tract is hereby rezoned Office-Institutional 2, as designated on the attached map (Map 3 - Proposed Zoning), due to changed or changing conditions in the area.

This the 14th day of November, 1994.

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

Council Member Capowski asked Planning Director Waldon in Resolutions A or B, if as a consequence of residential construction someone wanted to build a grocery store to accommodate the neighborhood, would they be able. Town Manager Horton said the purpose of Resolutions A and B was to set forth a process, and the Council could choose to or not to allow rezoning.

Council Member Pavão asked why Resolutions A and B could not be combined into one resolution. Mayor Broun responded that it seems they are two separate categories and are better kept separate.

Council Member Evans stated she had raised the same question, and wondered why we needed to separate them so precisely.

Mayor Broun said that Resolution B is an attempt to identify some information that we may want to consider.

Council Member Evans asked on Resolution A if those serving on the University panel know what uses they will have for this area, such as building height and floor area. Council Member Waldorf said she felt the Council needed to move on the rezoning issue.

THE MOTION TO ADOPTED RESOLUTION A WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ESTABLISHING A PROCESS FOR THE ULTIMATE ZONING OF THE HORACE WILLIAMS AND MASON FARM PROPERTIES (94-11-14/R-1a)

WHEREAS, the Council of the Town of Chapel Hill has held a public hearing on the rezoning of property owned by the University of North Carolina, known as the Horace Williams property; and

WHEREAS, the Town and the University have entered into a long-range planning process to determine the future use of this property as well as the Mason Farm property; and

WHEREAS, the Council of the Town of Chapel Hill has declared its intent to develop a zoning category and standards for the Horace Williams and Mason Farm properties; and

WHEREAS, on September 26th, the Council adopted a resolution to establish a UNC-Chapel Hill Planning Panel; and

WHEREAS, that panel was charged with advising the Council about ways to incorporate the principles, goals and objectives into the Council's ultimate zoning and ordinances for the Horace Williams tract and others; and

WHEREAS, that panel was also charged with providing advice on community interests, including environmental, social and economic impacts on the Town; and

WHEREAS, land-use planning, including zoning, is best when based on as full information as possible about existing resources, including water and sewer, transportation, solid waste disposal, fire and other infrastructure capabilities; and

WHEREAS, other currently proposed and anticipated development will place demands on existing resources;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it declares its intent to consider establishing a new University zoning district (or districts), and to consider rezoning the Horace Williams and Mason Farm properties to this district (or districts); and

BE IT FURTHER RESOLVED by the Council that the Council begin an information gathering period to provide needed information guidance about the zoning and standards for the Horace Williams and Mason Farm tracts before deciding on a new zoning category or categories; and

BE IT FURTHER RESOLVED that the Council requests that the Town Manager and the Planning Board work together to develop information needed to plan this new zoning category, with such information developed by a process that includes opportunity for review and comment by Town citizens, especially members of Town advisory boards; and

BE IT FURTHER RESOLVED that this information shall be presented to the Council as part of a Public Forum on June 12th, to provide opportunities for the Council and members of the public to comment on the report and issues that should be taken into account in the development of proposed zoning categories for these properties, such comments to be considered in the subsequent drafting of zoning proposals to be heard at a September 18th public hearing; and

BE IT FURTHER RESOLVED that the Council declares its intent to develop a new zoning category, with appropriate standards and processes, after this information gathering period, with the objective of having this new zoning in place by October 23, 1995; and

BE IT FURTHER RESOLVED that the Council requests that the Town Manager and advisory boards work to develop language for this district(s), addressing both development standards and procedures, including, but not limited to:

-- role of special use, conditional use and master plan

-- range of permitted uses

-- building heights

-- intensity ratios

-- buffers and setbacks

-- floodplain and environmentally sensitive areas

-- Horace Williams Airport and attendant safety considerations

-- impacts on neighborhoods, roads and transportation, and the Town's broad obligation to provide municipal services

This the 14th day of November, 1994.

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

A RESOLUTION IDENTIFYING INFORMATION NEEDED FOR DEVELOPMENT OF A ZONING DISTRICT FOR THE HORACE WILLIAMS AND MASON FARM PROPERTIES (94-11-14/R-1b)

WHEREAS, the Council has declared its intent to develop a new zoning district, with appropriate standards and processes, for the Horace Williams and Mason Farm properties; and

WHEREAS, information is needed to guide development of this district;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that it requests the Town Manager, in consultation with the Planning Board to arrange for collection of the following:

1. Using existing data, report on present and planned water and sewage treatment capacity; present demand on this capacity; and projected use of this capacity in the OWASA service area by newly approved development projects, and proposed uses under review.

2. Data and maps describing environmentally sensitive areas.

3. Maps and data showing existing traffic volumes and levels of service on roads in and around Chapel Hill and Carrboro, and projected additional volumes expected from recently approved developments.

4. Data on existing and planned landfill disposal capacity, and projected use of this capacity in Orange County.

5. Data showing existing and projected demand on other municipal services, including but not limited to fire, police, recycling, parks and recreation, and library services; with particular emphasis on the potential demands for these services created by development of the Horace Williams and Mason Farm tracts.

This the 14th day of November, 1994.

Item 6 Bolin Creek Greenway, Phase II

Mr. Waldon presented a brief overview of the information received since the public hearing on the matter. Mr. Waldon noted that he was speaking this evening in the Town's role as applicant. Mr. Waldon reminded the Council that on October 19th the Council had held a public hearing to review the plans. He noted that several issues that were raised during the hearing, including the proposed trail location, privacy and security concerns, and the accuracy of the maps. With regard to the location of trails, Mr. Waldon stated that several options had been discussed by the Council. He said it was the staff's belief that the recommended location was the best option available. He also stated that some area residents had requested additional landscaping and screening to address privacy concerns. Mr. Waldon noted that a condition of approval had been added concerning the provision of additional plantings along the trail. He also said that staff believed that the maps of the trail were accurate in terms of the proposed trail alignment. Mr. Waldon noted that the staff's preliminary recommendation was adoption of Resolution A.

Mr. Horton said he was speaking in the role of owner. He stated that a major concern was access to the site during construction. Mr. Horton noted that alternative routes of access had been investigated. He stated that access from Dickerson Court had been considered but was found to be infeasible. Mr. Horton noted that construction access from Phase I of the trail on Elizabeth Street might be possible. He noted that this option would cost between $10,000 and $20,000 and involve the removal of some trees.

Mr. Horton also stated that proposed fencing and plantings along the trail would extend into adjoining woodlands to discourage walk-through traffic. He noted that additional landscaping could be placed in the areas near the maintenance shed and playground structure in the westernmost portion of the property. Mr. Horton said this would discourage users from wandering off the established trail.

Susan Hartley, speaking as a member of the Bolin Creek Greenway Advisory Committee, expressed concern about the adequacy of proposed landscaping along the proposed trail. She urged the Council to make certain that residents of the Village Green community were protected.

Joseph Zablonski, a Village Green resident, urged the Council to provide additional screening, as suggested in the staff's recommendation. He also requested that the Council delay the special use permit application process to allow area residents a longer time to study the proposal and make additional comments.

Leslie Hill, a Village Green resident, requested that a six-foot-high privacy fence be installed in addition to proposed additional landscaping. She also requested that the sewer and access easement not be used by the Town. Ms. Hill also asked that the Town not use the temporary access easement.

Lexi Pavolvoi, a Village Green resident, said he fully respected the rights of private property ownership. Mr. Pavolvoi said although he had initially liked the idea of a greenway, he now felt it was a potential intrusion on his rights. Mr. Pavolvoi said he did not want his neighborhood turned into a construction site. He also expressed concern about the safety of neighborhood children during the construction process.

David Tilson presented a video prepared by a surveyor on behalf of Village Green residents.

Andrea Rohrbacher, Chair of the Greenways Commission, spoke in support of Phase II of the Bolin Creek Greenway. She said this project had involved a long process. Ms. Rohrbacher said the Commission had worked hard for several months on the proposal with area residents and staff.

Julia Khanova, secretary of the Village Green Homeowners Association, said she felt that additional landscaping could be done within the project's existing landscaping budget. Ms. Khanova also said she felt that additional fencing could be provided for $13,800, not the $23,000 estimated by the Town, and asked that the Special Use Permit be denied unless these costs could be substantiated.

Debbie Draudt, a Village Green resident, said she disagreed with the Town's project cost estimates. She said fencing and landscaping could be provided for must less than the Town had estimated. Ms. Draudt expressed concern that the staff's estimates and information were incomplete and unsubstantiated. Ms. Draudt also said she disagreed that construction traffic would damage the bridge on the other suggested access route. She requested that the Special Use Permit be denied until the Village Green residents could support a proposed resolution.

Mark Giollotti stated that at the October 19 public hearing, it was stated that a number of issues had been raised and addressed by staff. Mr. Giollotti said a number of concerns of area residents still had not been adequately addressed by staff. He stated that many area residents were unaware of the need for construction of a temporary access prior to receipt of a letter concerning proposed construction of the trail. He also said although the issue of landscaping and fencing to provide a visual and physical buffer had been brought up many times by area residents, he did not feel it had been adequately addressed. Mr. Giollotti requested that the Council postpone their vote until fencing and landscaping issues had been satisfactorily resolved.

Loie Priddy, speaking as an advisor to Village Green residents, said he was a surveyor engaged in reviewing selected plans for the State of North Carolina. Mr. Priddy said he had found several inconsistencies in the survey for the proposed trail. He stated that the legal description of the trail was incorrect in several places, by as much as thirty-four feet in some instances. Mr. Priddy suggested that the surveys be carefully reexamined prior to Council action on the matter.

Lawrence Slifkin said it was his understanding that the proposal submitted to the Council by the Village Green residents included a complete isolation of the boundary between the greenway and the Village Green Condominiums. He proposed that $1,600 which had been offered to the Hidden Hills Neighborhood Association in exchange for an easement be committed for additional plantings along the trail if the Council agreed to match these funds. Mr. Slifkin said he was willing to try to convince the Hidden Hills Board to agree to these terms.

Judith Merchant, a resident of Bolin Creek Condominiums, said she was concerned about misrepresentations and discrepancies in the information provided to the Council. She questioned the dollar figures submitted by staff and said she felt that putting up a six foot fence and adding attractive plantings was a reasonable request. Ms. Merchant said she was concerned about the potential for additional crime along the trail.

Council Member Brown stated that the Council was committed to moving forward with the Bolin Creek greenway although there were many concerns which needed to be addressed. She asked the Manager to elaborate on the access point in Phase I. Mr. Horton answered that using the Phase I location would be the only access needed during construction.

COUNCIL MEMBER CAPOWSKI MOVED TO CLOSE THE PUBLIC HEARING. THERE WAS NO SECOND.

Council Member Powell asked for additional information concerning construction in the Resource Conservation District. Mr. Horton stated that 1000 feet of fencing in this area would involve significant costs. Mr. Karpinos referred the Council to the language in the Development Ordinance concerning trails and open space, rather than the use of fencing.

Council Member Powell said she visited the area and felt that the privacy needs of residents was a major issue. She said the playground area was too close to the trail. Council Member Powell stated that fencing would still be a good idea even if the play area were moved from its current location.

Council Member Evans asked who would be responsible for maintenance if gated fencing were put up on each end to discourage walking outside of the trail. Mr. Horton said that the Town as owner would be responsible for repair or replacement of damaged fencing and would also be responsible for replacing dead or stolen plantings.

Council Member Chilton stated that the Woodland Option for Phase II was approved by the Council in November, 1993. He said it was his belief at that time that it would be necessary to use money that was budgeted in other areas to pay for this option. Council Member Chilton said he thought that the Council needed to be careful of the costs associated with making changes in the proposal.

Council Member Pavão agreed with Council Member Chilton's remarks. Stating that he was also concerned about privacy matters, Council Member Pavão suggested that staff work with Village Green residents to address these concerns.

Council Member Capowski stated that he had also visited the site, met with some trail neighbors, and was concerned with the issues raised by area residents. Council Member Capowski said he did not believe the Council should vote on the matter this evening.

Council Member Brown asked the Manager to give the Council an idea of the timing of the project. Mr. Horton stated that project timing was not as important as satisfying the Council and the residents on the issues raised.

Council Member Waldorf stated that a good degree of privacy should be provided as a part of the project. Noting that extensive fencing was not permitted in the Resource Conservation District due to flooding concerns, she inquired about the possibility of extensive plantings to address privacy concerns.

Stating that some plantings could be dense as well as beautiful, Council Member Brown said she felt this approach could be considered, combining plantings and fencing.

Mayor Broun suggested the item be sent back to staff for additional follow-up.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO RECESS THE PUBLIC HEARING TO DECEMBER 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 7 Meadowmont Master Land-Use Plan Request

Mr. Waldon presented a brief overview of the resolution before the Council.

Diane Bloom, speaking on behalf of the Alliance of Neighborhoods, said she was pleased that the Council had chosen to proceed more slowly on the Meadowmont proposal. Ms. Bloom said she hoped that when the work group was structured, the Council would consider adding several residents as well as a University representative.

Council Member Evans stated that she expected that the Orange County Economic Development Commission could be used as a resource by this group in determining possible future land uses.

Council Member Capowski said the proposal was a good one.

Council Member Brown requested staff comment on possible committee participation by neighborhood residents and University officials.

Mr. Horton said he felt it was more appropriate for the Durham-Chapel Hill Work Group to discuss this matter. Mr. Horton also said he hoped that the group would be kept to a size that would encourage a steady pace of work. Mr. Horton stated the meetings of the group would be open and could be attended by any members of the public or the Council. Mr. Karpinos expressed his concurrence.

Council Member Brown asked whether the charge of the group would be to look at potential conflicts with the Town's Comprehensive Plan. She said the charge was not specific in this regard. Mr. Horton responded that a modification to the charge could be made by the Council.

Council Member Waldorf suggested adding this proposed language to point number three of Resolution 4.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 4 AS AMENDED BY COUNCIL MEMBER BROWN. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ESTABLISHING A ENTRANCEWAY EAST WORK GROUP TO EXAMINE COMPREHENSIVE PLANNING ISSUES ASSOCIATED WITH THE TOWN'S EASTERN ENTRANCE AT NC HIGHWAY 54 (94-11-14/R-4)

WHEREAS, the Council of the Town of Chapel Hill has received applications for development of the 425 acre DuBose property (aka Meadowmont) located on the eastern edge of Chapel Hill straddling the NC Highway 54;

WHEREAS, the Council has conducted two Worksessions/Public Hearings on the development proposal to date;

WHEREAS, the Council has expressed concern at the Worksessions/Public Hearings about potential conflicts with the existing elements of the Town's Comprehensive Plan;

NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes an Entranceway East Work Group with the following directions:

- The East Entranceway Work Group shall be a temporary Work Group, convened by the Planning Board, with a time limited assignment and a sunset date of March 31, 1995;

- The Planning Board and Design Review Board shall be the principal members of the committee with one member from each of the following advisory boards on the committee, to be appointed by each advisory board:

- Transportation Board

- Parks and Recreation Commission

- Greenway Commission

- Housing and Community Development Board

- Appearance Commission

- The Planning Board Chair shall function as the chairperson of the Work Group;

- The Work Group shall plan a full-day workshop/charrette, to be held in January, at which the Work Group would examine the area surrounding and including the 425 acre DuBose Property, to:

1. develop goals, objectives, and conceptual ideas for development in this area,

2. to consider appropriate zoning of the property, and

3. to consider the Meadowmont development proposals in the context of this long-range, comprehensive planning perspective, including the Town's Comprehensive Plan;

4. To examine potential conflicts with the Town's Comprehensive Plan.

- Interested citizens shall be invited to attend and comment at the full-day workshop/charrette; and

- The Work Group shall prepare a report to be presented to the Council in February of 1995 which describes the findings of the Work Group on these issues described above.

This the 14th day of November, 1994.

Item 8 US 15-501/Durham-Chapel Hill Boulevard Corridor Study

Mr. Waldon briefly reviewed the keypoints of the Council's October 19th hearing on the study. He stated that based on the comments made at that hearing, additional language had been added or deleted from the proposed resolutions. Mr. Waldon stated that the next step following adoption of a resolution would be for the matter to be considered by the Durham-Chapel Hill Work Group.

Richard Franck, Chairman of the Transportation Board, said he felt that Resolution B as recommended by the Transportation Board was the best option. Mr. Franck also emphasized the importance of working with both the Transportation Advisory Committee and the Durham-Chapel Hill Work Group in proceeding with the corridor study. Mayor Broun requested a clarification of the Transportation Board's recommendations to the Council. Mr. Franck stated that the Board concurred with staff that it was not desirable for

U.S. 15-501 to become an urban freeway. He added that methods for reducing traffic in the area needed to be identified as soon as possible.

Council Member Evans stated that the creation of a cloverleaf at U.S. 15-501 and I-40 had been studied previously and was discarded

due to high land acquisition costs. Council Member Evans also said she felt that the option of obtaining a full cloverleaf would soon be gone if additional time were allowed to elapse without specific action. Council Member Evans said she believed the reference to a circulator road system in the proposed resolution should be deleted since this option was never addressed.

Mayor Broun inquired whether the language of the proposed Resolution could be revised to changing the word "pursue" to "evaluate" on page nine.

Council Member Protzman said he was more inclined to proceed with Resolution B, with Council Member Evans' and Mayor Broun's proposed modifications, rather than Resolution A as amended.

Council Member Brown said although she agreed that many things could be done now and it was time to begin doing them, there appeared to be some differences between the two resolutions. Council Member Brown said she wanted to be sure that the modifications to the resolutions were appropriate.

Mr. Waldon stated that the differences between Resolutions A and B were that Resolution A entailed a consultant work on Phase II to give the Town ideas on what was workable and what was not, while Resolution B directed the staff to do this work. Mr. Horton stated that if the Council wanted to move quickly, then Resolution A would permit quicker movement.

Council Member Capowski stated that the next major decision the Council would have to make was the Lowes/Brendles site. He inquired whether the proposed resolution would impact this development. Mr. Horton said no. Council Member Capowski suggested the desirability of having some hard numbers on the estimated costs of providing transit or rail services along the corridor.

Stating that both resolutions called for a study of mass transit effects, Mayor Broun said he felt the two resolutions were not very different in this regard. Mayor Broun said he strongly favored adoption of Resolution A, as amended.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPTED RESOLUTION 5A AS AMENDED.

Council Member Waldorf stated she wanted to make absolutely sure that Resolution A included study of more intense bus transit as a possibility. Mr. Horton stated that the resolution indirectly did so, with reference to "public transportation".

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING RECOMMENDATIONS FOR DEVELOPING COMPREHENSIVE TRANSPORTATION STRATEGIES INTENDED TO REDUCE CONGESTION ALONG THE U.S. 15-501 CORRIDOR AND DIRECTING THE MANAGER TO BEGIN IMPLEMENTING THOSE STRATEGIES (11-14-94/R-5a)

WHEREAS, the U.S. 15-501 Boulevard is an important transportation facility serving the Town; and

WHEREAS, the U.S. 15-501 Boulevard Transportation Master Plan has identified the need to develop transportation strategies designed to maintain future mobility within the corridor; and

WHEREAS, the Transportation Master Plan has included recommendations designed to alleviate future congestion; and

WHEREAS, the Town has reviewed the Master Plan recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town endorses the following recommendations:

* The Phase II study should be initiated as soon as possible. The study should provide additional detailed analysis on the impact of alternative transportation strategies. This study should review a broad range of possible solutions including land use changes. The study should also include an evaluation of the Triangle Transit Authority fixed guideway proposal for this corridor.

* The Phase II study should include discussion about establishing a transportation overlay zone within the U.S. 15-501 corridor and establishing an organization similar to a transportation management association to oversee the implementation of alternative transportation strategies.

* The Town should require the development of detailed transportation management programs for development within the U.S. 15-501 Boulevard corridor designed to reduce single occupant vehicle use through increased use of public transit, ridesharing and van pooling.

* Development projects within the U.S. 15-501 Boulevard corridor should incorporate design standards that will encourage pedestrian, bicycle and transit activity.

* Chapel Hill and Durham, in conjunction with the Triangle Transit Authority should review the opportunities for providing additional transit service within the U.S. 15-501 corridor.

* The Town should continue to evaluate interim roadway improvements, where appropriate, designed to improve congestion along the corridor.

This the 14th day of November, 1994.

Item 9 Improvements on South Columbia Street

Engineering Director George Small gave a brief overview of the information previously submitted to the Council. He stated that this project had been under consideration for approximately fifteen years. Mr. Small stated that two items, whether sidewalks and bikelanes should be constructed, and whether or not to construct a four-lane road, were the two major issues that came out of the most recent hearing on the project. Mr. Small stated that the current major problem was peak hour flow along the street. He said that improvements to South Columbia Street were being considered now due to the potential impact of new development which would increase traffic flow in the area.

Joan Bartel stated that she was very pleased with the staff's summary but was distressed by the reason for improvements, namely new development. Ms. Bartel said she believed that the most important reason for improvements should be safety for citizens using the roadway. Ms. Bartel also said she felt the roadway should remain two lanes, in order to encourage greater use of mass transit options. She stated that turning lanes were not a good idea because they tended to speed the flow of traffic. Ms. Bartel also said that because the average speed on South Columbia Street was already in excess of the speed limit, a third lane or turning lane would only increase the average speed of vehicles.

Council Member Brown stated that based on all that was currently known, a three lane roadway no longer seemed attractive. Council Member Brown said she favored a two lane roadway with a bicycle path and sidewalk. Council Member Brown also expressed her support for Resolution B, rather than Resolution A.

Council Member Capowski inquired whether the principal difference between the two resolutions was that Resolution A stated that there would be three lanes through the entire length, while Resolution B provided that there would be three lanes only at intersections. Mr. Small answered yes. Council Member Capowski said that residents were reluctant to invest in their property because of the uncertainty surrounding possible roadway-related improvements.

COUNCIL MEMBER CAPOWSKI MOVED TO ADOPTED RESOLUTION A. THERE WAS NO SECOND TO HIS MOTION.

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

Council Member Evans said she felt it was very unusual for the State to want to conduct an unsolicited feasibility study. She stated that the traffic bottlenecks in the area stemmed primarily from the proximity of bridges in the area. Council Member Evans suggested that the Council take no action this evening and work with UNC Hospitals and the University to provide bicycle lanes and encourage greater usage of park and ride lots. Mayor Broun said he believed that adoption of Resolution B would accomplish these objectives and would encourage the Council to proceed with them.

Council Member Protzman stated he did not believe a major study should be conducted on South Columbia Street when the major density trigger developments had not been completed. Council Member Protzman also said he did not believe it was in the Town's best interest to have the State conduct a feasibility study at this time.

Council Member Brown disagreed, stating that this proposal had been hanging over the residents of South Columbia Street long enough, and the Council needed to move ahead with the feasibility study

as soon as possible.

Council Member Pavão questioned what exactly the feasibility study would entail. Mr. Small answered that the State would only study what the Council requested them to study.

Council Member Brown stated that she felt the Council was ready to go forward with this matter.

Council Member Evans said she recalled the awkwardness that resulted with the Town's previous dealings with NCDOT. Council Member Evans said she wanted to avoid such awkwardness in the future. She inquired whether the feasibility would address the Southern Village project at full buildout. Mr. Small said yes.

Council Member Waldorf asked how the Town would have to wait between feasibility study requests if the State came back with a decision not to pursue the project proposed by the Town. Mr. Horton stated that NCDOT would examine the matter again when the Town was willing to consider their alternate recommendations.

Council Member Brown said that if NCDOT did not agree with the Council's wishes, then other funding sources could be examined to go ahead with the project.

Council Member Protzman inquired whether it was possible for NCDOT to look at several options rather than one. Mr. Horton stated that the last time such a request was made, a fairly detailed report was prepared by NCDOT and the Council had chosen not to act on these recommendations.

Council Member Protzman said that if the Town did not want to consider three lanes under any circumstances, then the Council should adopt Resolution B.

Mayor Broun stated that he was fairly confident that if Resolution B were adopted, NCDOT would still give the answers needed. Mr. Small stated that what NCDOT wanted to know was exactly what the Council wanted to do in this area. He said they could then simply decide whether or not to proceed with the study.

THE MOTION WAS ADOPTED BY A VOTE OF SIX TO THREE, WITH COUNCIL MEMBERS EVANS, PROTZMAN AND PAVÃO VOTING NO.

A RESOLUTION REQUESTING THAT THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PERFORM A FEASIBILITY STUDY ON IMPROVING SOUTH COLUMBIA STREET FROM MANNING DRIVE TO PUREFOY ROAD WITH STRIPED AND DESIGNATED ON-STREET BIKE LANES ON EACH OUTER TRAVEL LANE, PAVED SIDEWALKS ALONG BOTH SIDES OF THE PROJECT, TRANSIT ACCOMMODATIONS AS NECESSARY, AND ROAD WIDENING AT INTERSECTIONS TO PROVIDE FOR TURNING TRAFFIC (94-11-14/R-6b)

WHEREAS, South Columbia Street below Manning Drive is a key roadway serving the State, the Town and the University of North Carolina; and

WHEREAS, pedestrian, bicycle, and vehicle traffic volumes indicate that roadway improvements are necessary to maintain safety and a reasonable level of service on South Columbia Street; and

WHEREAS, the North Carolina Department of Transportation (N.C.D.O.T.) is considering performing a feasibility study on the improvement of South Columbia Street; and

WHEREAS, the Town Council held a Public Forum to receive public comments on whether or not to request such a feasibility study and, if so, what the scope and scale of the study should be;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that, having heard public comments and having considered possible improvement alternatives, the Council herewith requests the North Carolina Department of Transportation to perform a feasibility study on improving South Columbia Street from Manning Drive to Purefoy Road with striped and designated on-street bike lanes on each outer travel lane, paved sidewalks along both sides of the project, transit accommodations as necessary, and road widening at intersections to provide for turning traffic.

This the 14th day of November, 1994.

Item 10 Franklin Park Development

Town Manager Horton noted that the first item was for a rezoning request and the second item was for a Special Use permit.

Mr. Waldon presented a brief overview of Resolution 7a and of the materials submitted regarding Resolution B. He stated that questions were raised at the public hearing regarding access to adjacent properties. Mr. Waldon stated these issues were addressed in the staff's memorandum.

Council Member Waldorf questioned the need to screen on-site dumpsters and asked what was specified. Greg Sandreuter, the applicant's representative, indicated that what was proposed was a three-sided solid block wall as opposed to fencing. He also stated that landscaping would be included to make the wall more attractive. Council Member Evans asked when the dumpsters would be emptied. Mr. Horton stated that the schedules were set to cause the least amount of disturbance to citizens.

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

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

Council Member Evans stated she favored Resolution B because there was a lot more opportunity for traffic conflicts with two exits rather than one, so she favored having only one exit.

Council Member Waldorf agreed, saying she also preferred Resolution B.

Council Member Capowski stated that the number of driveways did not change the number of cars exiting the site. Council Member Capowski said he therefore supported Resolution A.

Council Member Chilton stated that he did not believe it would make that much difference to have two places to make left-hand turns, since the number of parking places would not change.

THE MOTION WAS ADOPTED BY A VOTE OF FIVE TO FOUR, WITH COUNCIL MEMBERS EVANS, PAVÃO, PROTZMAN, AND WALDORF VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR FRANKLIN PARK (File Number 47.A.4, 5 AND 5A) (94-11-14/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Westchase Development Corporation on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 4, 5 and 5A, if developed according to the site plan dated July 1, 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 proposed to be operated so as to maintain or enhance the value of contiguous property, and

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

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

Stipulations Specific to the Development

1. That construction begin by November 14, 1996 (two years from the date of Council approval) and be completed by November 14, 1997 (three years from the date of Council approval).

2. Demonstrate Compliance for Each Lot: That the applicant demonstrate that each lot within the development complies with the requirements of the Development Ordinance prior to issuance of a Zoning Compliance Permit.

3. Internal Sidewalks: That a sidewalk be provided along the western side of the eastern most Franklin Street driveway to connect the parking lot to Franklin Street.

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

Required Improvements

5. Right of Way Dedication: That half of a 90 foot right-of-way be dedicated along the subject property's Franklin Street frontage.

6. Driveway Connections to the East and the West: That access easements for a future potential driveway to the property to the east and to the west be recorded prior to issuance of a Zoning Compliance Permit.

7. Detain Stormwater in the Parking Lots and Pipes: That the applicant either: (a) detain the stormwater in the parking lots and in the storm drain pipes so as to avoid the need for a detention basin in the southern part of the site; or (b) demonstrate to the Town Manager that it is not reasonably practical to detain stormwater as required except by construction of a basin in the southern portion of the site.

8. 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

9. 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."

10. 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

11. 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

12. 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.

13. 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

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

Stipulations Related to Utilities

15. 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.

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

17. Public Water Line Extended: That the public water main be extended into the site along the drive to Building B rather than through a landscaped area.

18. Extension of Public Water Line and Fire Hydrant: That the public water main be extended into the site along the drive to Building B, in order for hydraulic flow requirements be met and in order for each building to have a separate meter, and that an additional fire hydrant be installed near Building B.

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. Moving or Salvaging the Parts of the Historically Significant House: That the applicant either move the historically significant house, in order to save it, or that the applicant salvage the usable materials.

21. Redesign of Dumpster Pads: That the dumpster pads at Buildings B and C be redesigned to improve their accessibility and that the design be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

22. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), landscape plan, landscape management plan, and bus stop improvement 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.

23. Erosion Control: That a soil erosion and sedimentation control plan be approved by Orange County and be submitted to the Town Manager before 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: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill hereby approves the application for a Special Use Permit for Franklin Park in accordance with the plans and conditions listed above.

This the 14th day of November, 1994.

Item 11 Council Review Committees

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT A PROCESS FOR REVIEW OF APPOINTMENTS TO THE DESIGN REVIEW BOARD, BOARD OF ADJUSTMENT, PLANNING BOARD, TRANSPORTATION BOARD AND OWASA BOARD OF DIRECTORS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Mayor Broun noted that Council Members Brown and Evans would serve as the Transportation Board Screening Committee.

Item 12 Consent Agenda

Council Member Brown thanked the large number of people who worked on the Violent Crime and Drug Abuse Task Force (item d) and felt it was time to move forward with the recommendations.

Council Member Protzman requested that item e be pulled from the consent agenda for additional discussion.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT THE CONSENT AGENDA, EXCLUDING ITEM E. THE MOTION WAS ADOPTED UNANIMOUSLY.

A RESOLUTION ADOPTING MINUTES AND VARIOUS RESOLUTIONS AND ORDINANCES (R-8)

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

a. Minutes of September 26 and 29, and October 5, 11 and 19.

b. A resolution concerning unfunded federal mandates (R-9). Mayor pro tem Brown.

c. Authorizing purchase of three homes in the Pine Knolls neighborhood for renovation and resale to low-income families (response to request by the Knolls Development Association). (R-10).

d. A resolution regarding the work of committees established in the Violent Crime and Drug Abuse program (R-11).

e. A resolution authorizing applications for planning grants for the work of the Museum Study Committee (R-12).

f. Authorization to publish notice of intent to consider renting space in the basement of the former library building to the Chapel Hill Historical Society, with a related change in the present lease to the Chapel Hill Day Care Center (R-13).

g. Proposed change to the Personnel Ordinance (Chapter 14 of the Town Code) authorizing holiday pay at the rate of time and a half instead of straight time for certain positions (O-4).

h. Proposed changes to the Employee Classification and Pay Ordinance

- adding five patrol officer positions partially funded with new federal grant (O-5), with related budget amendment (O-6).

- increasing a position in the Project Turnaround program for first-time drug offenders from half- to full-time (O-7)

i. Establishing a parking space on Gimghoul Road for handicapped citizens

(O-8).

j. Authorizing transfer of 191 square foot sewer easement to the Orange Water and Sewer Authority for the North Forest Hills sewer project (R-14).

This the 14th day of November, 1994.

A RESOLUTION REGARDING UNFUNDED FEDERAL MANDATES (94-11-24/R-9)

WHEREAS, "unfunded mandates" refers to establishing and transferring responsibility for action without providing resources; and

WHEREAS, the effect of unfunded mandates on local governments is to force reductions in some services, increases in local taxes and/or fees, or a combination of service reductions and tax or fee increases; and

WHEREAS, many federal requirements are needed for meeting very important nation-wide objectives such as protecting the natural environment, the public health and safety and the rights of citizens; and

WHEREAS, a key issue is the need to provide federal funding to meet these objectives, rather than forcing local governments to meet nation-wide goals through local revenues such as property taxes or through reductions in services; and

WHEREAS, in many states, local governments have limited flexibility to adopt new kinds of revenues and are forced to use property taxes when significant funds are necessary to meet a federal mandate; and

WHEREAS, property taxes are the least popular form of taxation, and they are often held to be the most regressive form of taxation;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its opposition to unfunded mandates as an inequitable approach to meeting national policy objectives.

BE IT FURTHER RESOLVED that the Council authorizes the Mayor pro tem to transmit copies of this resolution to the Congressional delegation.

This the 14th day of November, 1994.

A RESOLUTION AUTHORIZING THE ACQUISITION OF 103 AND 104 JOHNSON STREET AND TRANSFER OWNERSHIP OF THE PROPERTIES TO THE KNOLLS DEVELOPMENT ASSOCIATION FOR REHABILITATION AND SALE TO LOW INCOME FAMILIES (94-11-14/R-10)

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

WHEREAS, the Council has an ongoing interest in the development of low-income housing opportunities in Chapel Hill; and

WHEREAS, the Association requests that the Town acquire two houses on Johnson Street in the Pine Knolls neighborhood, transfer ownership to Knolls Development 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 103 and 104 Johnson Street and the transfer of ownership to the Knolls Development Association for rehabilitation and sale to low-income families;

BE IT FURTHER RESOLVED that the Council authorizes that the source of funds for the acquisition shall be the Town's Community Development Block Grant funds; and

BE IT FURTHER RESOLVED that the Council authorizes the Manager to amend the existing contract with the Knolls Development Association to carry out the project.

This the 14th day of November, 1994.

A RESOLUTION EXPRESSING APPRECIATION TO THE PARTICIPANTS IN THE VIOLENT CRIME AND DRUG ABUSE PROGRAM AND PROVIDING FOR THE CONTINUATION OF THEIR WORK (94-11-14/R-11)

WHEREAS, the Council established the Violent Crime and Drug Abuse Program in January of 1992 to address recommendations of the Violent Crime and Drug Abuse Task Force; and

WHEREAS, more than two hundred individuals worked within the structure of nine committees that became part of the program, and

WHEREAS, many other groups and individuals have worked to address the issues of violent crime and drug abuse in our community, and

WHEREAS, the involvement of these citizens and groups has resulted in many positive changes in our community and an increase in the depth of knowledge and more consistent awareness of the problems of violent crime and drug abuse; and

WHEREAS, we recognize that, while noticeable progress has been made by the Program, violent crime and drug abuse are still with us, and work needs to continue by Town staff, other groups, agencies and individuals;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby expresses its appreciation to all the participants in the Violent Crime and Drug Abuse Program and to all the residents who have worked to further its aims; and

BE IT FURTHER RESOLVED that the Council accepts the recommendations of the Coordinating Committee regarding the future of the Violent Crime and Drug Abuse Program and hereby:

* Abolishes the Coordinating Committee.

AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES

(11-14-94/O-4)

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

Section 1. Chapter 14 of the Town Code is hereby amended as follows:

Sec. 14-70 (Holidays - Compensation) is hereby amended:

An employee of the Town required to work on any designated holidays shall receive compensation at the regular rate and shall be entitled to an equal number of hours off selected with the approval of the supervisor or, at the employee's election, shall be entitled to compensation for such day at double the normal rate in lieu of time off. Provided, however, that the Manager may develop a policy for a lesser amount of holiday compensation for employees working 24 hour rotating shifts.

Employees of the Town called in or required to work on any designated Town holiday (not including Police and Fire Department employees working regular rotating shift schedules) shall receive either hours off equal to one and a half hours worked or, for non-exempt employees only, pay for the hours worked at one and a half times their normal rate of pay. They will also receive pay for the holiday itself at straight time rates. Paid leave and hours worked within the pay period have no effect on employee eligibility for this holiday premium for hours worked on the holiday. (Holiday compensation for employees working regular rotating shift schedules shall be at straight time rates.)

This the 14th day of November, 1994.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN (94-11-14/O-5)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council hereby amends the "ordinance Establishing a Position Classification and Pay Plan and Longevity Plan for Employees of the Town of Chapel Hill and Bonds of Officials, beginning July 1, 19944, (94-6-6/O-2) and beginning September 1, 1995 (94-6-6/O-3)"

In Section IV, part C, in the Police Department (Patrol) DELETE the line

Full-time Part-time GRADE

Master Officer/ # hrs. # hrs.

Public Safety Officer/ 58 40/42 - - 20-24

Police Officer

ADD the line

Full-time Part-time GRADE

Master Officer/ # hrs. # hrs.

Public Safety Officer/ 63 40/42 - - 20-24

Police Officer

This the 14th day of November, 1994.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994"

(11-14-94/O-6)

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled "An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 1994" as duly adopted on June 6, 1994 be and the same is hereby amended as follows:

ARTICLE I

	Current Budget	Increase	Decrease	Revised Budget
APPROPRIATIONS GENERAL FUND Non-Departmental Contingency	75,125		26,085	49,040
Police Patrol	3,124,646	62,340		3,186,986

REVENUES GENERAL FUND Grants	352,245	36,255		388,500

This the 14th day of November, 1994.

AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN

(94-11-14/O-7)

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/O-2) and beginning September 1, 1995 (94-6-6/-3)."

In Section IV, part C, line Police Department (Support Services) DELETE the line

Full-time Part-time GRADE

# hrs # hrs

Alternative Sentencing

Assistant -- -- 1 20 12

ADD the line

Full-time Part-time GRADE

# hrs # hrs

Alternative Sentencing

Assistant 1 37.5 -- -- 12

This the 14th day of November, 1994.

AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES

(94-11-14/O-8)

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

Section I

That Section 21-36 of the Town Code of Ordinances, "Parking space reserved for handicapped individuals", is hereby amended by inserting the following therein, in appropriate order:

(7) A parking space on the south side of Gimghoul Road from a point at the easternmost end of Town maintenance of Gimghoul Road to a point fifty (50) feet west thereof.

Section II

This ordinance shall become effective on Thursday, December 1, 1994.

Section III

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

This the 14th day of November, 1994.

A RESOLUTION AUTHORIZING TRANSFER OF A SEWER EASEMENT IN TOWN-OWNED LAND FOR THE NORTH FOREST HILLS SEWER PROJECT

(94-11-14/R-14)

WHEREAS, the attorney who was most recently president of Security Building Company has advised the Town staff that the company no longer exists, and therefore it appears that the Town cannot receive a response to its request to the company for approval of a sewer easement as described below and that such approval cannot be required of the Town;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to transfer to the Orange Water and Sewer Authority an easement of approximately 191 square feet at the northwest corner of Town-owned land as shown on a map submitted with the Manager's report on this matter dated November 14, 1994, and in substantially the form of the proposed easement deed submitted to the Council on November 14, 1994; provided, that if any approval from the Security Building Company were to become necessary under the terms of the deed granting the North Forest Hills open space to the Town, the Authority would be responsible for obtaining such approval on behalf of the Town.

This the 14th day of November, 1994.

Council Member Protzman requested a clarification from staff on the proposed resolution and asked how time-consuming this would be for staff. Mr. Horton stated that he did not believe a substantial amount of time would be required and the Museum Study Committee would do the major portion of the work.

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

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT MUSEUM PLANNING GRANTS FOR CONSIDERATION AND PREVIEW AND TO CONTRACT FOR SERVICES IF GRANTS ARE AWARDED (94-11-14/R-12)

WHEREAS, the Town Council has established a Museum Study Committee to identify specific issues and costs associated with a municipal museum; and

WHEREAS, the Museum Study Committee has identified some costs associated with studying this issue; and

WHEREAS, the Museum Study Committee has expressed an interest in approaching organizations which support museum planning with appropriate grants to cover these costs; and

WHEREAS, it would be necessary for the Town Council or the Town Manager to review submissions to any organization prior to submission, and

WHEREAS, it may become necessary to contract with outside agencies for technical assistance to adequately study the feasibility of locating a municipal museum located in the old library facility,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager be authorized to submit museum planning grant applications which require no local cash match for consideration or preview by private and public organizations.

BE IT FURTHER RESOLVED that the Town Council authorize the Manager to contract for totally funded services if such planning grants are awarded.

This the 14th day of November, 1994.

Item 13 Information Reports

Tom Gunn spoke on item 13c, regarding the waiver of development review and related fees. Mr. Gunn said he was dissatisfied with the Manager's response and felt that his request was misrepresented in the Manager's report to the Council. Mr. Gunn questioned the collection of fees and asked if they required action by the Council on a case-by-case basis or were under the administrative responsibility of Town staff. Mr. Gunn said he hoped that staff would address his concerns.

Council Member Capowski stated that occasionally what was approved for building by the Council was not what was built. Council Member Capowski said he felt this happened in the case of Columbia Place subdivision. He inquired whether the Council needed to examine provisions of the Development Ordinance relative to this matter.

Mr. Horton said the Council could consider not allowing duplex units in this zoning category.

Council Member Chilton said some of the points Mr. Gunn reiterated were excellent. He stated that the units being built promised to be a good deal more expensive than what was originally proposed and approved by the Council. Council Member Chilton said in cases such as this the Council should not waive development fees. Council Member Chilton inquired whether staff had additional information about the Columbia Place application. Mr. Horton said he had provided the Council with all currently available information concerning the proposed Columbia Place subdivision application.

Mr. Horton suggested that the Council might wish to amend certain provisions of the Development Ordinance so this did not recur. Council Member Chilton requested that staff examine this possibility.

Council Member Capowski agreed with Council Member Chilton, and requested that the staff look at this issue and come back to the Council with a proposal.

Council Member Brown requested staff comment on the definition of "affordable". Mr. Horton said that the Council had previously defined "affordable" as 60% of the median income.

Mayor Broun stated he also had questions on the issue of relocating houses and would talk to the Manager so that the discussion could be included in the forthcoming staff report.

There was no need for a closed session.

The meeting was adjourned at 10:40 p.m.