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

CHAPEL HILL, NORTH CAROLINA, MONDAY, DECEMBER 5, 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 Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

There were no ceremonies or hearings.

Item 3 Petitions

Karen Raleigh, speaking on behalf of First Union National Bank, requested that the Council receive and refer a petition from Richard "Stick" Williams, President of the Chapel Hill-Carrboro Chamber of Commerce, concerning the reconstruction of buildings in the Resource Conservation District.

Council Member Capowski said he thought it was quite reasonable for the Town to permit the reconstruction of buildings in the floodplain or floodway to their original size, with appropriate safeguards, in the event that such buildings were destroyed by catastrophic events such as fires or flooding. He urged the staff to work with Federal Emergency Management Agency (FEMA) officials to accomplish this objective as soon as possible.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER MS. RALEIGH'S PETITION ON BEHALF OF MR. WILLIAMS AND THE CHAMBER OF COMMERCE BOARD OF DIRECTORS.

Council Member Brown suggested that the Council hold a public hearing on the matter. Mayor Broun noted that the staff's follow-up report could recommend that the Council hold a hearing on the request. Mr. Horton said a hearing could be held on February 6th, if the Council wished. Mayor Broun inquired whether the specific date could be determined at a future Council meeting. Mr. Horton said yes. Council Member Waldorf asked whether Council Member Capowski was requesting staff to prepare a draft ordinance for consideration by the Council and citizens. Council Member Capowski said yes. Council Member Brown said it was important for public notice of the proposed hearing to take place as soon as possible and requested immediate notice to Stormwater Management Committee and others concerned.

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

Council Member Waldorf requested that staff examine traffic back-up problems at the intersection of Willow Drive and U.S. 15-501. She stated that a different type of traffic signal or storage lane might be useful in addressing the situation.

Mayor Broun noted that the matter was referred to staff by consensus of the Council.

Mr. Horton noted that a petition had been received from the Arts Center requesting $20,000 in Town funding for each of the next ten years. Mayor Broun noted that this matter could be handled with budget deliberations.

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

Mayor Broun noted that the Council had received a petition from Jim Gibson, requesting the installation of a traffic signal at Library and Estes Drives.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO RECEIVE AND REFER MR. GIBSON'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 4 Board & Commission Nominations and Appointments

Nominations to Design Review Board

Mayor Broun noted that Council Members Waldorf and Protzman would serve as the Council's screening committee for reviewing applications to the Design Review Board.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO NOMINATE ALL CURRENT APPLICANTS TO THE DESIGN REVIEW BOARD FOR FUTURE APPOINTMENT CONSIDERATION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Nominations to Planning Board

Mayor Broun noted that Council Members Evans and Pavão and Planning Board Member Mary Reeb would serve as the Council Screening Committee for Planning Board applications.

Noting that no applications had been received from residents of the Joint Planning Area, Council Member Evans suggested the possibility of recommending that the Orange County Board of Commissioners consider appointing a Town resident to this vacancy. Mayor Broun said he would confer with Commission Chair Moses Carey on this matter. Council Member Waldorf suggested resolving this matter prior to the consideration of appointments to the Planning Board. Mr. Horton noted that appointment of a Town resident, rather than a Joint Planning Area resident, would require a modification of the joint planning agreement. Mayor Broun suggested that the agreement be examined for possible modification.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO NOMINATE ALL CURRENT APPLICANTS FOR APPOINTMENT CONSIDERATION TO THE PLANNING BOARD. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Appointments to Transportation Board

Council Member Brown, Council liaison to the Transportation Board, presented an overview of the Screening Committee's recommendations to the Board. Council Member Protzman inquired whether the Screening Committee was in agreement about the Board's mission. Council Member Brown said the Screening Committee's principal emphasis was on achieving balance and continuity on the Board. She also stated that the Board was seeking people who were eager and interested in transportation matters who would make a long-term commitment to attending the Board's meetings. Council Member Brown noted that three incumbent Board members were recommended for reappointment. Council Member Evans noted that it had been very difficult for the panel to achieve diversity in terms of areas of the Town represented on the Board. She stated that most applicants lived in the same general area of the Town.

Council Member Chilton requested that Council Members give serious consideration to the reappointment of Board members Ruby Sinreich and Richard Franck.

Noting that there were six vacancies to be filled, Mayor Broun said appointments to the Board would be announced later in the meeting, once the votes had been tallied and verified.

Item 5 Eastowne SUP Modification Request

Parties wishing to testify were sworn by the Town Clerk.

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

Mayor Broun inquired whether the applicant agreed with the proposed conditions of approval. Mr. Atkins, the applicant's representative, said yes.

Council Member Capowski inquired about the estimated number of vehicle trips per day for retail and office uses. Mr. Waldon stated that retail uses typically generated about five times as much traffic per square foot as office uses. Council Member Capowski inquired whether the U.S. 15-501 corridor study made the assumption that the request for rezoning of this land would be approved. Mr. Horton said the corridor study made the assumption that this development plan would be carried out.

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

Council Member Brown requested that staff negotiate the best possible transportation management plan with the applicant.

RESOLUTION 1A WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR EASTOWNE OFFICE PARK PHASE ONE (SUP 26..p/o 17F) (94-12-5/R-1a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Mr. Ed Pizer for Eastowne Associates, on property identified as Chapel Hill Township Tax Map 26, part of Lot 17F, if developed according to the Eastowne Office Park Phase One site plan dated May 24, 1994 (revised August 30, 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.

5. Would be consistent with the Master Plan for Eastowne Office Park, approved by the Council on June 28, 1993.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Eastowne Office Park Phase One in accordance with the plans listed above and with conditions listed below;

Stipulations Specific to the Development

1. That construction begin by December 5, 1997 (three years from the date of the Council's approval) with a valid Master Land Use Plan approval and be completed by December 5, 1999 (five years from the date of the Council's approval).

2. That the land area encumbered by this Special Use Permit shall be 13.64 acres of gross land area identified on the above mentioned site plan as Phase One and Phase Two.

3. Required Improvements:

a. That Eastowne Drive, at the easternmost highway intersection, be restriped to designate three lanes (including a left turn lane onto the highway).

b. That the traffic signal at Eastowne Drive (east) and U.S. Highway 15-501 be upgraded to include left turn arrows.

c. That a left-turn lane be added on U.S. Highway 15-501 for traffic northeast onto Eastowne Drive (east).

d. That a transit stop be installed within the Phase One site and/or Eastowne Drive. The stop(s) shall include a bench, pad and shelter.

e. That a sidewalk be provided to connect Eastowne Drive with U.S.Highway 15-501 in an alignment through the woods southeast of the proposed building. The sidewalk is considered to be temporary until a formal sidewalk is provided along and parallel to U.S. Highway 15-501 as stipulated in the Master Lane Use Plan approval.

f. That sight triangles be provided at the development entrance onto Eastowne Drive (east).

g. That sidewalk be provided along the Eastowne Drive frontage for this application.

4. Transportation Management Plan: That a Transportation Management Plan be developed, and that the Town Manager review and approve this plan prior to issuance of a Zoning Compliance Permit. The Transportation Management Plan shall include:

a. several parking spaces close to the building entrances shall be reserved for vanpoolers and carpoolers, with appropriate signage.

b. bike racks shall be installed close to the building entrance(s).

c. provision for designation of a Transportation Coordinator for the building.

d. provision for submittal of an annual Transportation Survey and Annual Report to the Town Manager.

e. quantifiable traffic reduction goals and objectives.

f. provisions for disseminating ridesharing information and providing incentives.

g. provisions for disseminating public transit information and providing incentives.

The Transportation Management Plan shall be initially developed for Phase One and shall be expanded as the office park develops to include traffic reduction strategies for all new development.

The Transportation Management Plan shall be reviewed on an annual basis by the Town Manager. Upon reviewing the annual report, the Town Manager may suggest changes to the existing programs or may suggest additional programs. The Plan may also be amended to reflect the results of the Town's ongoing study of alternative transportation programs.

Stipulations Related to State and Federal Government Approvals

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

Stipulations Related to Landscape Elements

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

- A landscape strip at least 5 feet wide between the buildings and the parking lots and drive aisles.

- Provisions for shading of at least 35% of the pavement.

- Type C buffers (minimum width 30 feet) along all interior property lines and along the Eastowne Drive frontage.

- Provisions for adequate drainage for the proposed landscaping on the top level of the parking deck and the outer edges of the other levels of the parking deck.

- Street tree plantings along the US Highway 15-501 frontage in accordance with the Town's Entranceway Master Landscape Plan for this section of the highway.

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

7. Landscape Protection Plan: That a Tree Survey, locating and identifying all rare and specimen trees, for the entire 33-acre site be submitted for review by the Town Manager prior to issuance of a Zoning Compliance Permit.

That a Landscape Protection Plan for Phase One be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulation Related to Building Elevations

8. Building Elevation and Signage Approval: That detailed building elevations and signage be approved by the Appearance Commission and the Council prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

9. Fire Hydrants: That a preliminary hydrant plan for the entire 33-acre site be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

A fire hydrant shall be located in a location on the Phase One site approved by the Town Manager.

10. Fire Flow: That a preliminary fireflow report for the entire 33-acre site be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

A detailed fire flow report for Phase One shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

11. Utility/Lighting Plan Approval: That a preliminary water and sewer extension plan for the entire 33-acre site be submitted for approval by OWASA and the Town Manager prior to issuance of a Zoning Compliance Permit.

That the final detailed utility/lighting plan for Phase One be approved by Orange Water and Sewer Authority, Duke Power, Southern Bell or GTE, Public Service Company, Cablevision, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities are extended to serve the building addition.

Miscellaneous Stipulations

12. Parking Lot Construction: That all parking lots and drive aisles, and the first level of the parking deck be constructed to Town standards.

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

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

15. Erosion Control: That a preliminary soil and erosion control plan for the entire 33-acre site, and a detailed soil erosion and sedimentation control plan for Phase One, be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

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

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

18. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit for the Eastowne Office Park Phase One in accordance with the plans and conditions listed above.

This the 5th day of December, 1994.

Mr. Horton briefly reviewed the proposal and said staff recommended adoption of Resolution 2a.

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

Mayor Broun inquired whether the applicant accepted the proposed conditions of approval. Mr. Sandreuter, the applicant's representative, said yes.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 2A. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR EAST FRANKLIN STREET PROFESSIONAL CENTER (File Number 46.A.1,2)

(94-12-5/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 Barbara Hershey on property identified as Chapel Hill Township Tax Map 46, Block A, Lots 1,2, if developed according to the site plan dated April 11, 1994 and revised June 16, 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 Town Council hereby approves the application for the Special Use Permit for East Franklin Street Professional Center in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

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

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

3. Limiting the Clinic Space in the Building: That the clinical use of the building be limited to 55 percent of the building's total floor area, and that the remainder be office type business use.

Required Improvements

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

Stipulations Related to State and Federal Governments Approvals

5. 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 prior to the issuance of a Zoning Compliance Permit.

6. NCDOT Approval for Driveway: That the owner get a driveway permit from the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

7. NCDOT Sight Triangle Easement: That the owner dedicate sight triangle easements to the North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

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

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

The types of landscape buffers required are: between the building and Franklin Street, Type D (30' minimum); between the Center and Franklin Woods, Type C (20' minimum); between the Center and the Library, Type B (10' minimum); between the Center and the Ballet School, no additional (as per 14.12.5 of the Development Ordinance which permits an existing buffer on an adjoining parcel to be counted for the proposed new development).

Stipulations Related to Building Elevations

10. 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

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

12. 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

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

a. Provision for designation of a Transportation Coordinator;

b. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

c. Quantifiable traffic reduction goals and objectives;

d. Ridesharing incentives;

e. Public Transit incentives.

15. Removal of Underground Fuel Storage Tank: That the existing underground fuel storage tank be removed in accordance with applicable State and local regulations.

16. Detailed Plans: That final detailed site plan, grading plan, utility/lighting plans, stormwater 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.

17. 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.

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

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

20. Non-severability: If any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for East Franklin Street Professional Center in accordance with the plans and conditions listed above.

This the 5th day of December, 1994.

Item 7 Wee Care Child Care Development Center SUP Request

Mr. Horton said the applicant was proposing the use of a house adjacent to the current facility to provide special care to infants. He also stated that staff recommended that the applicant be given a reasonable amount of time to install water and sewer connections.

Council Member Evans inquired whether there was any conflict between buffering requirements in the recommended conditions of approval. Mr. Horton said the first requirement involved existing road frontage, while the latter requirement involved landscaping for the proposed new facility use. Council Member Evans inquired whether the proposed two year timeframe for the installation of water and sewer facilities was adequate. Mr. Horton said this could be extended, if necessary.

Mayor Broun inquired whether the applicant accepted the proposed conditions of approval. Ms. Wakefield, the applicant, said yes.

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

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 3A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE WEE CARE CHILD DEVELOPMENT CENTER (SUP-27-D-15) (94-12-5/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification proposed by Jeanne Wakefield and Melissa Mishoe, on property identified as Chapel Hill Township Tax Map 27, Block D, Lots 15 and 16, if developed according to the undated site plan (stamped "RECEIVED SEPT. 13, 1994, on file in the Planning Department) 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;

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 finds, in this particular case, that the following modification of the regulations satisfies public purposes to an equivalent or greater degree:

1. Modification of Subsection 14.12.6 of the Development Ordinance to allow no landscape buffer along the existing Wee Care facility's Legion Road frontage.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the Wee Care Child Development Center in accordance with the plan listed above and with conditions listed below:

Stipulations Specific to the Development

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

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

C. That the state license capacity of 125 children not be exceeded without Town Council approval of a Special Use Permit Modification.

D. That the existing gravel driveway on the adjacent parcel proposed for inclusion in the Wee Care facility be chained off to vehicular traffic except for emergencies.

2. Required Improvements: NONE

Stipulations Related to Landscape Elements

3. Landscape Plan Approval: That a detailed landscape plan be approved by the Appearance Commission prior to issuance of a Zoning Compliance Permit. The detailed landscape plan shall comply with the following landscape buffer requirements:

- Type A buffer (minimum 15 feet wide) along the Legion Road frontage; and

- Type C buffers (minimum 20 feet wide) along the northeast, east, and south property lines.

If the applicant does not propose to comply with the above minimum landscape buffer requirements, then the applicant must submit alternate buffer plans to the Appearance Commission for review and approval prior to issuance of a Zoning Compliance Permit.

4. Parking Lot Landscaping and Shading: That the detailed landscape plan demonstrate compliance with Section 14.6.6 of the Development Ordinance regarding parking lot landscaping and shading by vegetation.

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

Stipulations Related to Water, Sewer and Other Utilities

6. Utility/Lighting Plan Approval: That public water and sewer service be extended to the house on the northeastern side of this property. Public water and sewer service may be extended to the house within two (2) years of the date of this approval if the County Health Department certifies that the existing private systems are adequate for the proposed use. Said Health Department certification shall be provided prior to issuance of a Zoning Compliance Permit. A final utility plan shall be approved by the Orange Water and Sewer Authority and the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

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

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

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

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

This the 5th day of December 1994.

Item 8 Proposed Changes to Development Review Process

Mr. Horton presented an overview of suggestions intended to improve the Town's development review process. He added that staff was seeking guidance from the Council with these matters. Mr. Horton noted that if the Council chose to adopt the resolution before them this evening, the staff would come back with proposals for possible implementation at the Council's January 9th meeting.

Mr. Waldon said some people felt that the current review process worked well, especially concerning site design matters. He briefly reviewed the possible changes to the review process. Mr. Waldon noted that staff would proceed as the Council directed on the proposals.

Pat Carstensen emphasized the importance of developing a feedback system about how well the Town's development review system worked in terms of overall community satisfaction.

Diane Bachman, Chairperson of the Appearance Commission, said the Commission had initially supported recommendations to expedite the development review process. She noted that the Commission wished to have a broader advisory role concerning design matters. Ms. Bachman expressed concern about the Alliance of Neighborhoods proposal to limit the number of design professionals on the proposed Design Commission to four members. She also emphasized the importance of assuring that development projects adhere to Town design guidelines. Mayor Broun noted that there would be future opportunities for public comment on the makeup of the proposed Design Commission.

Bob Reda, President of the Alliance of Neighborhoods, said the Alliance recommended adoption of Resolution 4. Mr. Reda also said it was important that the Design Review and Planning Boards receive the accumulated knowledge and recommendations of advisory boards and commissions throughout the development review process. He noted that the Alliance looked forward to moving ahead with the proposed changes to the development review process as soon as possible.

Mike Hining, Chairperson of the Design Review Board, said the proposed changes were moving the review process in the right direction. He offered the Board's guidance to the Council in any manner desired.

Ruby Sinreich, a member of the Transportation and Design Review Boards, said she supported the Manager's recommendations.

Council Member Protzman expressed concern that the Council had had relatively few discussions about the issues and recommendations surrounding the Town's development review process. Council Member Protzman stated that based on this observation, he was not ready this evening to direct the Manager to move ahead on these matters.

He also said that a desirable objective would be for one board to have longer range planning-related issues as its principal focus. Council Member Protzman added that another board should focus on specific technical issues relative to individual site developments.

Expressing concern that the proposal before the Council would require the Design Review Board to duplicate some of the Planning Board's review efforts, Council Member Protzman said he was not ready to move forward on this item this evening.

Stating that many people with lots of different interests agreed that the proposed changes were a good idea, Council Member Chilton said it was hard to imagine why it was a good idea to hold off on moving ahead on the matter this evening. He also stated that the proposals appeared to be going in the right direction and could be supported by the Council unanimously or nearly unanimously.

Council Member Protzman said although most of the proposed changes appeared to be clear and straightforward, some of the ideas would require development of board charges and other items wherein no Council consensus on how to proceed had been established.

Council Member Brown said the Council had previously requested suggestions on how to make the Design Review Board more effective. Noting the importance of making the entire review process more efficient and effective in a timely manner, Council Member Brown said she was ready to move forward with adoption of the proposed resolution this evening.

Council Member Capowski noted that the Laketree development, a proposed 1100 unit housing development had been withdrawn by the proposed developer during the early 1980's, due to concerns about the impacts of such a major development. He stated that the construction of approximately eleven one hundred-unit subdivisions would have had significant impacts on off-site infrastructure in the Town during the mid-1980's. Council Member Capowski said it was particularly important for a Town advisory board such as the Design Review Board to examine design concepts early in the development process and for a board such as the Planning Board to examine site-specific and long-range planning matters.

Council Member Waldorf said she shared some of Council Member Protzman's concerns about the need for the Council to discuss the Town's development review processes. She stated that the Design Review Board was not currently charged with examining off-site impacts. Council Member Waldorf suggested that the Council hold a work session prior to acting on any of the proposals in the proposed resolution.

Council Member Powell said she was ready to move ahead with the process. She added that questions raised this evening could be answered before an ordinance was voted on by the Council.

Council Member Evans said she understood Council Member Protzman's concerns. Council Member Evans also said she was ready to move ahead on the matter as soon as possible.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 4.

Council Member Capowski inquired about the possibility of including off-site considerations in the fourth paragraph of the proposed resolution. Council Member Brown said this could pose difficulties for the Town staff. Mr. Horton concurred, stating that it was hard for staff to set a general rule for all off-site improvements. He added that the Council would need to consider this matter when assigning charges to individual advisory boards. Council Member Brown emphasized the desirability of having overall information concerning potential off-site infrastructure impacts. Council Member Capowski said information on schools, utilities and traffic would be especially helpful.

Mayor Broun noted that the staff's follow-up report to the Council would contain more specifics on possible ordinances.

Council Member Capowski said the proposed resolution did not contain any reference to a public hearing. Mr. Horton said the staff would prepare a follow-up report for the January 9th meeting, with a recommendation to hold hearings on some matters. Council Member Protzman suggested the possibility of a Council work session on the proposals. Mayor Broun said he agreed that there were some matters which needed to be worked out between Council Members.

RESOLUTION 4 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THAT RESOLUTIONS AND ORDINANCES REGARDING CHANGES TO THE TOWN'S DEVELOPMENT REVIEW SYSTEM BE DRAFTED FOR THE COUNCIL'S CONSIDERATION (94-12-5/R-4)

WHEREAS, the Council of the Town of Chapel Hill has reviewed suggestions for changes to the Town's development review system; and

WHEREAS, a series of specific proposals has been recommended;

NOW, THEREFORE, BE IT RESOLVED that the Council directs the Town Manager to prepare appropriate resolutions and ordinances for the Council's consideration that would effect the following changes in the development review system:

* Combine Design Review Board and Appearance Commission

* Combine Transportation Board and Bicycle Committee

* Combine Parks and Recreation Commission and Greenways Commission

* Require Concept Plans for major development applications

* Make Design Review of Concept Plans mandatory for major applications

* Provide for earlier citizen input on major development applications

* Schedule Joint Meetings of boards to review applications (on a trial basis)

* Increase radius of notification for major development applications.

BE IT FURTHER RESOLVED that the Council requests the Manager to present these resolutions and ordinances for consideration and comment by all Advisory Boards involved in the development review system, with subsequent report to the Town Council.

This the 5th day of December, 1994.

Item 9 1994-1995 Capital Improvement Program Pedestrian Projects

Mr. Horton said he was pleased to be able to recommend the allocation of an additional $100,000 for sidewalk construction projects. He added that due to current heavy work loads, it would be necessary to contract out some projects which were normally handled by the Public Works Department.

Mr. Waldon presented an overview of the staff's recommendations, noting that a scoring system had been used to weigh each of the proposals. He stated that generally speaking areas of greatest pedestrian activity were rated highest on the recommended priority listing. Mr. Waldon also noted that staff was discussing the possibility of State funding of sidewalks on Rosemary and South Columbia Streets with NCDOT officials.

Joan Bartel said she was delighted with the technique used for the evaluation of projects. She commended the staff for an excellent effort. Ms. Bartel suggested extending the East Franklin Street sidewalk project to the Franklin Square area. She also suggested that the Merritt Mill Road sidewalk project be first on the proposed priority list. Ms. Bartel inquired why this project was comparatively more expensive than the other projects. Mr. Horton said this additional expense was due to the need to relocate utilities. Mr. Waldon said the proposed East Franklin project would encompass the Franklin Square area.

Stating the proposed sidewalk on the east side of Merritt Mill Road would be practically at some homeowners doorsteps, Council Member Powell inquired how this decision had been reached. Mr. Waldon said the west side of Merritt Mill Road was in the Town of Carrboro's jurisdiction. Council Member Powell inquired about the possibility of locating the sidewalk on the west side of Merritt Mill Road. Mr. Horton said staff could investigate this possibility. Council Member Powell asked whether area residents were aware of the proposed sidewalk project on Merritt Mill Road. Mr. Horton said residents were not notified of projects until the Council had authorized individual projects. Council Member Powell inquired about courses of action if citizens did not favor a particular project. Mr. Horton said citizens could contact staff to advise of their dissatisfaction.

Stating that existing setbacks were very close to Merritt Mill Road, Council Member Chilton inquired about the possibility of using Town funds to construct sidewalks within the Town of Carrboro. He also suggested the possibility of discussing this option with Carrboro officials. Mayor Broun noted that if area residents had concerns, the matter could be brought back before the Council in the future for reconsideration. Council Member Chilton suggested that the resolution leave open the option of locating sidewalks on the east or west side of Merritt Mill Road.

Council Member Evans inquired about the Town of Carrboro's sidewalk requirements. Mr. Horton said he did not believe that the Town of Carrboro required sidewalks as frequently as the Town of Chapel Hill.

Council Member Evans suggested having sidewalks on both sides of the street where the sidewalks would cause the least amount of encroachment. Council Member Powell said any sidewalk along Merritt Mill Road would cause encroachment to homeowners.

Noting the large number of pedestrians on the University campus, Council Member Capowski said he was surprised that the sidewalk project on the west university campus rated lower than the sidewalk project along East Franklin Street near the WCHL radio station.

Mayor Broun suggested that the Council address any concerns about the proposed construction on the east side of Merritt Mill Road as they arose. Council Member Powell inquired how such objections would be handled. Mayor Broun said the Manager would make the Council aware of any such objections by area residents.

Mr. Horton stated that the staff would attempt to find a satisfactory solution to concerns about construction of sidewalks along Merritt Mill Road.

Council Member Brown suggested amending Resolution 5 to have the Merritt Mill Road project come back for Council review, if necessary.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 5, AS AMENDED.

Council Member Chilton noted that work had recently begun on sidewalks on North Columbia Street. He thanked the Council on behalf of area residents for moving ahead on this project.

Council Member Waldorf noted that the traffic situation along Willow Drive needed to be addressed prior to moving ahead with the Willow Drive sidewalk project. She also said that staff had done a very good job of preparing its report and recommendations to the Council.

RESOLUTION 5, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION DIRECTING THAT TOWN FUNDS BE USED TO CONSTRUCT THE EAST FRANKLIN STREET, WILLOW DRIVE, FORDHAM BOULEVARD, AND MERRITT MILL ROAD SIDEWALK PROJECTS (94-12-5/R-5)

WHEREAS, the Council of the Town of Chapel Hill has allocated $30,000 in the Capital Improvements Program for pedestrian projects in the 1994-95 fiscal year; and

WHEREAS, the Council of the Town of Chapel Hill approved a budget amendment to allocate an additional $100,000 for pedestrian projects in the 1994-95 fiscal year; and

WHEREAS, the Council of the Town of Chapel Hill has reviewed projects for possible use of these funds.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Town funds be used to construct the following pedestrian projects:

* East Franklin Street, sidewalk infill along both sides from Elliott Road to WCHL Radio Station property;

* Willow Drive, north side from 50 feet west of Conner Drive to Fordham Boulevard; (with the understanding that no improvements will be made until there is a report presented to the Council on traffic congestion at the intersection of Willow Drive and Fordham Boulevard; and that no sidewalks be constructed in a manner which would require reconstruction if intersection improvements are pursued)

* Fordham Boulevard, west side from Ephesus Church Road to Willow Drive; and

* Merritt Mill Road, east side from Cameron Avenue to West Franklin Street; (with the understanding that this sidewalk

segment would be considered again by the Council, with the

item placed on a consent agenda, following notification of

nearby residents).

This the 5th day of December, 1994.

Item 10 Requests by Knolls Development Association

Long Range Planning Coordinator Chris Berndt said the Council was being asked to consider a number of ordinances and resolutions concerning housing revitalization in the Knolls neighborhood.

She noted that staff recommended adoption of all six of the items.

Margaret Cheek said she had loved the Town for twenty-five years and rented a residence in the Town for eight years. Ms. Cheek stated that she and many other people could not afford to purchase a home in the Town. She stated that the Pine Knolls Neighborhood Association was providing homeownership opportunities for low and moderate income individuals and families. Ms. Cheek urged the Council to fund and support the continuation of these programs.

Ruth Edwards, Chairperson for the Pine Knolls Development Selection Committee, said she had resided in the Knolls neighborhood for twenty-seven years. Ms. Edwards urged the Council to take a productive step by providing funding for land and property acquisition and revitalization of homes in the Knolls neighborhood.

Ted Parrish expressed appreciation to all persons who had assisted with affordable housing efforts in the Knolls neighborhood to date. He also read a letter from Keith Aldridge, Chair of the Orange Community Housing Corporation Board of Directors, expressing the Board's support for the proposed resolutions relative to the Knolls area.

Marianne Brooks, President of the Pine Knolls community association, said she would appreciate Council favorably viewing the Knolls Neighborhood Association's request for funds to purchase land for the development of low-income homes in the area.

Tim Williams said he was concerned about the lack of affordable housing in the community. He urged the Council to proceed with the Knolls Neighborhood Association's requests.

Dorcas Roberson expressed her support for the efforts of the Knolls Neighborhood Association. She also urged the Council to continue its support of affordable housing programs.

Constance Washington, a teacher and member of the Pine Knolls community, said the requested funding would provide additional opportunities for home ownership.

Debra Nicholson said she and her young family lived in the Pine Knolls area. Ms. Nicholson said she wanted to see other young families provided with homeownership opportunities in the area.

Mayor Broun said staff had done an extraordinary job of working with the Knolls Development Association in addressing their petitions to the Town.

Council Member Powell commended the Manager and staff for doing a wonderful job in handling the requests. She also expressed appreciation to Pine Knolls residents for their comments earlier in the evening. Council Member Powell said she wanted to see more people with lower incomes owning homes in the Town.

Council Member Capowski inquired whether $115,000 in funding was purely for the acquisition of a nine-acre parcel, with no construction activity. Mr. Horton said this was correct. Council Member Capowski inquired what the Town would get for $67,000 to purchase properties on Lincoln Lane. Mr. Horton noted that Tom Heffner had been appointed to serve as the broker of record for these properties. He stated that the Town might need more than $67,000 to acquire these properties. Mr. Horton said the matter would come back before the Council for additional funds if necessary.

Council Member Chilton expressed his concurrence with Council Member Powell and Mayor Broun's comments. He also thanked the Knolls Development Association for its willingness to address the quickly arising problem of the lack of affordable housing. Council Member Chilton stated that the program proved that some local government programs could really work.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 6A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION ESTABLISHING A NEIGHBORHOOD REVITALIZATION LOAN FUND (94-12-5/R-6a)

WHEREAS, the Knolls Development Association has undertaken the development of twenty low-income homeownership opportunities in the Knolls community 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 Council on April 12, 1993 (93-4-12/R-4.1b), April 26, 1993 (93-4-26/R-2a), and July 5, 1994 (94-7-5/R-8b) made available a total of $108,000 in loans from the Town's General Fund and Housing Loan Trust Fund for this project; and

WHEREAS, the Knolls Development Association has repaid the Town the $108,000 loan;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby creates a revolving loan fund to be known as the Neighborhood Revitalization Loan Fund for use in acquiring and renovating homes for low-income homeownership.

BE IT FURTHER RESOLVED that the following provisions be included as conditions of loan agreements:

- Upon approval by the Town Manager for specific projects, the Association may have use of the funds for a period of up to one year at no interest for each specific project, with the funds to be returned to the revolving fund upon the completion of the sale of each house.

- Conditions of the loan would include stipulations that security be provided for each loan.

- Buyers of the dwellings shall have annual incomes less than 60% of the area's median income by family size, as determined periodically by the U.S. Department of Housing and Urban Development.

- Establish accounting records which account for the cost of each house renovation separately.

This the 5th day of December, 1994.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT ORDINANCE 2A. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (94-12-5/O-2a)

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

Center Revised

Budget Increase Decrease Budget

APPROPRIATIONS

NEIGHBORHOOD

REVITALIZATION

LOAN FUND 0 108,000 108,000

ARTICLE II

REVENUES

NEIGHBORHOOD

REVITALIZATION

LOAN FUND 0 108,000 108,000

This the 5th day of December, 1994.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 6B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING A COMMITMENT OF FUNDS FROM THE HOUSING LOAN TRUST FUND (94-12-5/R-6b)

WHEREAS, the Knolls Development Association proposes to acquire land off Park Road and Merritt Mill Road (Tax Map 90-A-6 and 90-A-6A) for the purposes of providing low-income homeownership opportunities in the Knolls community;

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council provides a commitment of $115,000 from the Town's Housing Loan Trust Fund for the purpose of assisting the Knolls Development Association with the acquisition of Tax Map 90-A-6 and 90-A-6A, conditioned upon the Knolls Development Association pursuing the following steps:

* Obtaining an independent appraisal and survey of the property;

* Negotiating with the lender and the Association concerning the private commitment to the project and the term of the Town's contribution;

* Preparing a site development plan and schedule for developing the property;

* Developing a project budget and proposed funding;

* Establishing a development team for the planning and implementation of the project; and

* Ensuring that the proposed project estimated costs are in line with serving families who have incomes less than 60% of the area median income.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to determine when the conditions have been satisfied, authorize use of the funds in conjunction with privately raised funds to purchase the property, prepare and execute documents to loan the Association $115,000, and to enter into a contract with the Knolls Development Association governing the use of these funds.

This the 5th day of December, 1994

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

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (94-12-5/O-2b)

ARTICLE I

Center Revised

Budget Increase Decrease Budget

APPROPRIATIONS

HOUSING LOAN

TRUST FUND 144,500 115,000 259,000

ARTICLE II

REVENUES

HOUSING LOAN

TRUST FUND

Fund Balance 88,500 115,000 203,500

This the 5th day of December, 1994.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 6C. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER A PROGRAM AMENDMENT TO THE 1994-95 COMMUNITY DEVELOPMENT PROGRAM

(94-12-5/R-6c)

WHEREAS, the Council proposes to consider making additional Community Development funds available for the purpose of land acquisition for Neighborhood Revitalization efforts;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a public hearing to consider an amendment to the 1994-95 Community Development Program to budget additional funds for land acquisition under the Neighborhood Revitalization category, such hearing to be held at 7:00 p.m. on January 30, 1994, in the Council Chambers, Town Hall, 306 North Columbia Street, Chapel Hill, North Carolina.

This the 5th day of December, 1994

Item 11 Economic Development Activities

Long Range Planning Coordinator Chris Berndt said a total of $110,000 was available for economic development activities. He stated that the Manager's recommendation was to allocate a total of $106,089 for projects, as recommended by the Housing and Community Development Advisory Board.

Arche McAdoo, Chairperson of the Housing & Community Development Advisory Board briefly outlined the process used for determining which programs received recommendations for funding. He noted that the Board recommended that the balance of funds of $3,911 be used for future small business loan applications.

Al Mitchell presented a petition signed by persons living at the Interfaith Council (IFC) shelter supporting funding of job training programs. Mr. Mitchell said he and his colleagues supported the establishment of a jobs training program by the IFC shelter.

Vernessa Taylor, Co-Director of the Rural Opportunities Corporation (ROC), challenged the recommendations of the Housing and Community Development Advisory Board concerning the funding of economic development programs. Ms. Taylor stated that ROC's program would foster self-employment skills. She requested that the Council give ROC's proposal for job training a closer look.

Joanne Shirer, Chair of the Public Housing Residents Council, said ROC programs had assisted her in transitioning to a leadership position among public housing residents and in developing her self-confidence. Ms. Shirer also said ROC had created a job incubator program in 1992 and was very effective in serving public housing residents. She urged the Council to encourage more opportunities for residents to become self-employed.

Noting that he served as the Council's liaison to the Housing and Community Development Board, Council Member Chilton said he knew the Board worked hard, especially in reviewing applications for economic development funds. He also said it was unfortunate that the Council could not fund all of the program proposals fully. Council Member Chilton stated that it was unfortunate that no funds were recommended for the ROC program proposal.

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

Stating that the Town did not have experience in providing seed funding for economic development programs, Council Member Protzman commended the Housing and Community Development Board for doing a good job of handling a difficult task in allocating limited funds.

Council Member Protzman said he did not think the Town should be involved in administering these types of programs. He also expressed concern that funding was being recommended for several groups which had no previous experience in job training programs. Council Member Protzman said he felt it was important that funds be allocated to programs which had demonstrated track records.

Noting that the Town did not have oversight experience in programs such as economic development programs, Council Member Waldorf stated that the Council could direct the staff to allocate the funds for a different type of program such as the Housing Loan Trust Fund.

Council Member Powell said she did not favor changing program orientations in mid-stream. She noted that there were other resources available for housing-type programs.

Council Member Capowski said it was important to make a commitment to spending money for people to get a leg up in the community.

Council Member Chilton stated that the Community School for People Under Six made significant contributions to a diverse cross-section of the community with relatively little program funding. He said this program deserved the funding recommended by the Housing and Community Development Advisory Board.

Council Member Chilton said he also felt that the Council should consider a small to moderate bond issue for housing matters. He also stated that although the Town had never provided funding for job training type programs, there was no way to know whether or not they would succeed unless such programs were attempted. Council Member Chilton said he thought it was worth going forward with the programs on a trial basis.

Noting that program funding such as Smart Start was available for educational programs in Orange County, Council Member Powell said she was offended that good programs such as the Community School for People Under Six had to apply for job training type funds.

Mayor Broun said the Town was getting into a type of business which was very difficult. Mayor Broun stated that he believed these were types of activities which merited experimentation by the Town. He also noted that Housing and Community Development Board had made realistic suggestions concerning recommended program funding.

Council Member Capowski stated that the Knolls Development Association housing revitalization was a good example of a very beneficial community program. He said the program provided young people and other interested persons with practical hands-on experience.

Council Member Brown inquired about mechanisms for assessment of programs. Mr. Horton said the principal assessment would be to see whether or not programs succeeded in attaining their stated objectives. Council Member Brown asked whether staff would report to the Council on the status of programs. Mr. Horton said these reports would be made periodically.

Council Member Evans noted that no funds were recommended for revitalization programs, only $15,000 for the small business loan fund, while the balance was for job training programs. Council Member Evans said she did not know whether the absence of diversity in program types was simply a lack of interested applicants or due to a lack of direction from the Council.

Council Member Pavão inquired about specific mechanisms for assessing program performance. Mr. Horton stated that individual performance agreements would be drafted for each program, with specific guidelines varying from contract to contract.

Noting that his preference was that an organization specializing in economic development matters handle these types of programs,

Council Member Protzman said he would vote against the proposal.

Council Member Pavão said he would support the resolution, although he agreed with Council Member Protzman that agencies specializing in economic development programs would generally be better administrators of these types of programs.

RESOLUTION 7 WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PROTZMAN AND WALDORF VOTING NO.

A RESOLUTION APPROVING ECONOMIC DEVELOPMENT COMPONENT FUNDING FROM 1993-94 and 1994-95 COMMUNITY DEVELOPMENT FUNDS (94-12-5/R-7)

WHEREAS, the Council has made commitments to the promotion of economic development opportunities for low- and moderate-income Chapel Hill residents; and

WHEREAS, the Council approved the use of $70,000 of Community Development funds in 1993-94 and $40,000 in 1994-95 for economic development activities; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the following appropriations for the Economic Development Component of the Community Development Block Grant Program as recommended by the Housing and Community Development Advisory Board:

Organization Amount

Inter-Faith Council $ 37,147

JOCCA/Midway Development Commission $ 22,955

Knolls Development Association $ 20,987

The Cookie Bear Company $ 15,000

Community School for People Under Six $ 10,000

$106,089

BE IT FURTHER RESOLVED that the Council reserve the remaining $3,911 for loan assistance to small businesses.

BE IT FURTHER RESOLVED that the Council hereby approves and authorizes the Manager to execute on behalf of the Town, performance agreements with the above agencies for economic development services for low-income residents of Chapel Hill.

This the 5th day of December, 1994.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE THE PETITION FROM THE RURAL OPPORTUNITIES CORPORATION (ROC). THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 12 Public Housing Management Certification

Mr. Horton stated that staff had done additional work and met with public housing residents, to address the resident's concerns.

Housing Director Tina Vaughn noted that the memorandum before the Council responded to the concerns of public housing residents.

She also noted that applicable follow-up actions were outlined in the memorandum.

Funding of Sustainability Study

Council Member Brown said Council Members Pavão, Protzman and herself were requesting funding of a literature search concerning sustainability by a Planning class at the University. Stating that this would be money well-spent, Council Member Protzman urged the Council to adopt Resolution 9.1 and Ordinance 1.1. Council Member Capowski said this would be an excellent use of a small amount of money. Council Member Pavão said the study might get a little bit beyond the notion of sustainability.

COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 9.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION AUTHORIZING AN ALLOCATION OF $1,500 FROM THE TOWN COUNCIL'S GENERAL FUND CONTINGENCY ACCOUNT FOR A STUDY OF SUSTAINABILITY (94-12-5/R-9.1)

BE IT RESOLVED by the Council of Chapel Hill that the Council hereby approves an allocation of $1,500 from the Town Council's General Fund contingency account for a study of sustainability by a University of North Carolina graduate school class during the first semester of 1995, as described in a report to the Town Council on December 5, 1994 from Mayor pro tem Joyce Brown and Council Members Lee Pavão and Jim Protzman; and the Council authorizes Mayor pro tem Joyce Brown and Council Members Lee Pavão and Jim Protzman and representatives to be designated by the Planning, Transportation and Human Services Advisory Boards and the Greenways Commission to work with the UNC class during the study. Any other boards interested in participating in this project would be welcome to send representatives.

This the 5th day of December, 1994.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 1.1. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING ON JULY 1, 1994 (94-12-5/O-1.1)

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

ARTICLE I

APPROPRIATIONS Current Revised

budget Increase Decrease budget

GENERAL FUND

Non-Departmental

Contingency 49,040 1,500 47,540

Town Council 120,971 1,500 122,471

This the 5th day of December, 1994.

Item 14 Consent Agenda

Stating that compress gas was less expensive and less polluting than conventional fuel, Council Member Evans inquired about the possibility of using compressed gas for fueling of new Town buses.

Mr. Horton stated that although the Triangle Transit Authority had possible future plans for running compressed gas buses, the Town did not have sufficient funds to handle the additional costs of this type of bus. He also noted that there had been some discussions with the University a number of years ago about the possibility of using natural gas buses. Council Member Brown inquired about the viability of converting buses to different fuel types. Mr. Horton said although this was possible, it might be quite expensive to do so.

Mayor Broun requested removal of item b. Council Member Capowski requested removal of item d from the consent agenda.

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

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS (94-12-5/R-10)

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

a. Awarding contract for purchase of up to twenty-eight buses (R-11).

b. Deferring a public hearing on changing the Resource Conservation District regulations regarding intermittent streams (R-12a and b). Manager recommends adoption of R-12a.

c. Calling a public hearing on May 17, 1995 to consider changes in the service plan for the downtown service district (R-13).

d. Basic cable television rates and related equipment and installation fees (R-14).

e. Authorizing the Manager to designate a representative to the Triangle J Council of Governments Solid Waste Planning Committee (R-15). Council Member Evans.

f. Referral of Regional Transportation Improvement Program to Town advisory boards for review (R-16).

This the 5th day of December, 1994.

A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF UP TO TWENTY-EIGHT (28) THIRTY-FIVE FOOT ADVANCED DESIGN TRANSIT COACHES

(94-12-5/R-11)

WHEREAS, the Council of the Town of Chapel Hill has solicited formal bids by legal notice on September 11, 1994 in accordance with G.S. 143-129 for the purchase of up to twenty-eight (28) thirty-five foot advanced design transit coaches; and

WHEREAS, in accordance with the specifications, life cycle costs, performance and standardization values have been added to the total price bid; and

WHEREAS, the following bids have been received and opened on November 29, 1994:

(DID NOT BID)

Transportation Neoplan Gillig

Mfg. Corp Corp. Corp.

Item Unit Price Total Unit Price Total Unit Price Total

Eighteen Advanced Design Transit Coaches	$229,950	$4,139,100	$204,931	$3,688,758
Option - Up to 10 Additional 35' Advanced Design Coaches within 180 days	$229,950	$2,299,500	$207,995	$2,079,950
Delivery Charges	0	0	$3,275	$91,700
Total		$6,438,600		$5,860,408

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that a contract for the purchase of up to twenty-eight (28) thirty-five foot advanced design transit coaches, in an amount of $5,860,408, as limited by funding availability, be awarded to the low bidder, Gillig Corporation.

This the 5th day of December, 1994.

A RESOLUTION CALLING A PUBLIC HEARING ON POTENTIAL CHANGES IN THE SERVICE PLAN FOR THE DOWNTOWN SERVICE DISTRICT (94-12-5/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a public hearing at 7:00 p.m. on May 17, 1994, to receive citizens' comments on possible changes to the downtown service district service plan as originally adopted in 1989 and subsequently amended in 1991. Possible changes could include but are not limited to:

* add any service permissible under State law for the downtown service district. These could include any current Town service or service which the Town is legally authorized to provide. For example, district tax funds could be used to supplement police protection, street lighting, etc.

* expand or otherwise change a current service:

Mid-day trolley buses

Supplemental sidewalk cleaning

Public capital improvements

Promotional activities

Marketing publications

* reduce or delete any of the present services as listed above.

BE IT FURTHER RESOLVED that the public hearing on May 17, 1995, shall include consideration of a proposed addition to the boundary of the service district:

The lot at 314 West Rosemary Street (tax map reference 7.85.L.18).

This the 5th day of December, 1994.

A RESOLUTION AUTHORIZING THE MANAGER TO DESIGNATE A REPRESENTATIVE OF THE TOWN TO SERVE ON THE TRIANGLE J COUNCIL OF GOVERNMENTS' SOLID WASTE PLANNERS COMMITTEE (94-12-5/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Council hereby authorizes the Town Manager to designate a representative to serve on the Solid Waste Planners Committee for the Triangle J Region as requested by the Triangle J Board of Delegates.

This the 5th day of December, 1994.

A RESOLUTION REFERRING THE DRAFT 1996-2002 TRANSPORTATION IMPROVEMENT PROGRAM COMPOSITE REGIONAL PRIORITY LIST OF PROJECTS TO TOWN ADVISORY BOARDS AND TO CALL A PUBLIC FORUM FOR JANUARY 9, 1995 TO RECEIVE PUBLIC COMMENT (94-12-5/R-16)

WHEREAS, the Town of Chapel Hill has prepared a 1996-2002 transportation project priority list; and

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area has prepared a draft Composite Regional Priority List of Projects; and

WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee will hold a public hearing on this draft Priority List of Projects;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Transportation Board, Planning Board, Parks and Recreation Commission and Greenways Commission review the draft Priority List of Projects and prepare recommendations.

BE IT FURTHER RESOLVED, that the Town Council calls a public forum for January 9, 1995 to receive public comment on the draft Priority List of Projects.

This the 5th day of December, 1994.

Saying he did not favor scheduling a hearing on intermittent streams, Mayor Broun said he favored adoption of Resolution 12b, rather than Resolution 12a, as recommended by staff.

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

A RESOLUTION REMOVING PROPOSED CHANGES TO ARTICLE 14 OF THE DEVELOPMENT ORDINANCE FROM THE FUTURE PUBLIC HEARING SCHEDULE

(94-12-5/R-12b)

WHEREAS, the Town Council on November 8, 1993 indicated an intent to consider regulations concerning development and land disturbing activities in and around natural drainageways and intermittent streams; and

WHEREAS, the Council had scheduled a Public Hearing on this topic, first for May 25, 1994 and then rescheduled to January 17, 1995; and

WHEREAS, the Council held a Public Forum on September 19, 1994, to gather input regarding the Resource Conservation District provisions of the Development Ordinance and subsequently enacted changes to the Ordinance; and

WHEREAS, the Council has decided to defer additional discussion about regulations governing floodplains, streams, and drainageways,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby removes from the future Public Hearing schedule a proposal to consider changes to Article 14 of the Development Ordinance, for purposes of regulating land disturbance around natural drainageways and intermittent streams.

This the 5th day of December, 1994.

Council Member Capowski said he had recently received a large number of calls from citizens who were generally very satisfied in reaching operators at Cablevision. He stated that increasing competition for television viewers had contributed in improving service by cable television companies in terms of their responsiveness to customers.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

A RESOLUTION REGARDING REGULATION OF RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPMENT (95-12-5/R-14)

WHEREAS, the Town of Chapel Hill ("Town") is a Grantor of a Cable Communications Franchise Ordinance ("Ordinance") executed on or about November 19, 1979, by and between the Town and Time-Warner Cable, a division of Time Warner Entertainment Company, L.P. ("Grantee"); and

WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the Town has undertaken all appropriate procedural steps to regulate the basic cable service tier and related equipment; and

WHEREAS, in accordance with applicable FCC regulations, on or about September 1, 1993, the Town filed FCC Form 328 -- Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition -- with the FCC; and

WHEREAS, in accordance with applicable FCC regulations, on or about October 25, 1993, the Town passed and adopted a Rate Regulation Ordinance; and

WHEREAS, on or about October 28, 1993, the Town sent to Grantee a notification letter regarding FCC certification and the adoption of the rate regulation ordinance; and

WHEREAS, on or about August 11, 1994, the Town received Grantee's completed FCC Forms 1200, 1205, and 1215, which are attached and made a part of this resolution as Exhibit A; and

WHEREAS, the Fredrikson & Byron law firm, the Town's legal counsel for cable television matters, was asked to provide assistance to the Town for review of Grantee's FCC Forms 1200, 1205, and 1215; and

WHEREAS, pursuant to FCC regulations, on or about July 6, 1994, the Town sent a letter notifying Grantee that the time period for the Town's review of FCC Forms 1200, 1205, and 1215 would be extended for an additional ninety (90) day period; and

WHEREAS, the Town, in order to accomplish its review in a timely manner, scheduled for its regular meeting date of December 5, 1994, sufficient time for the purpose of reviewing Grantee's FCC Forms 1200, 1205, and 1215 and related rate regulation information, together with the final report from Fredrikson & Byron which report is attached and made a part of this Resolution as Exhibit B; and

WHEREAS, the Town conducted a meeting open to the public on December 5, 1994 to ensure that all interested parties had ample opportunity to present information to the Town; and

WHEREAS, based upon the Town Council's meeting of December 5, 1994 and all reports and advice from Fredrikson & Byron, the Town determined to make the Conclusions and Orders for Action listed below;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill at a regular meeting of the Town Council on December 5, 1994, as follows:

CONCLUSIONS

1. The Town concludes that the Grantee's request for approval of its rate of $7.51 for the basic service tier (exclusive of any franchise fee) in the Cablevision of Chapel Hill System is reasonable, and therefore, approved.

2. The Town concludes that Grantee should be allowed to raise its current rate in the Cablevision of Chapel Hill service area to $7.81 from the current rate of $7.51.

3. The Town concludes that Grantee's request for approval of its rate of $9.92 for the basic service tier (exclusive of any franchise fee) on the Cablevision of Durham System in the Town is unreasonably high and is therefore denied.

4. The Town concludes the maximum permitted rate for the hourly service charge for the Cablevision of Chapel Hill service area (exclusive of any franchise fee) shall be $20.28.

5. The Town concludes the maximum permitted rate for the hourly service charge for the Cablevision of Durham service area within the Town (exclusive of any franchise fee) shall be $17.96.

6. The Town has an obligation to timely act upon the pending rate application consistent with now current FCC rules and regulations. However, if the FCC alters the benchmark calculations resulting in a lower reasonable rate for Cablevision of Chapel Hill or Cablevision of Durham subscribers within the Town, the Town has an obligation to area subscribers to reconsider the pending analysis consistent with the changes the FCC may make in its regulations.

7. The Town hereby adopts and makes a part of this Resolution all attachments and exhibits referenced above.

ORDERS FOR ACTION

Based on the foregoing findings and conclusions, the Town Council hereby enters the following orders:

1. Pursuant to FCC regulations, from the date of this order and until further order of the Town, Grantee shall be permitted to charge an initial rate for the basic service tier in the Cablevision of Chapel Hill service area of $7.81 and an hourly service charge of not more than $20.28.

2. Pursuant to FCC regulations, from the date of this order and until further order of the Town, Grantee shall be permitted to charge an initial rate for the basic service tier in the Cablevision of Durham service area within the Town of $9.74 and an hourly service charge of not more than $17.96.

3. Grantee shall refund the amount of $.18 to each Subscriber in the Durham area for the period of time beginning July 15, 1994 and ending on the date Grantee reduces its rate to $9.74.

4. The Town reserves the right to reconsider this Resolution if subsequent amendments or modifications to the FCC rules and regulations require or permit such reconsideration.

Summary of Maximum Allowable Rates

Service	Maximum Rates
	Cablevision of Chapel Hill	Cablevision of Durham
Basic service	$7.81/month (12 channels)	$9.74/month (19 channels)
Converter box	$2.16/month	$2.19/month for Z-TAC converter or $1.63 /month for Hamlin converter

Remote control	$0.22/month	$0.35/month for Z-TAC converter or $0.27/month for Hamlin converter
Hourly rate used in calculating installation charges below	$20.28	$17.96
aerial to underground service drop	$40.56	$35.92
at pre-wired home	$16.22	$14.37
at unwired home	$19.27	$17.06
additional connections at initial installation	$13.59	$12.03
additional connections in separate installation trip	$16.22	$14.37
charge for changing service tier	$2.00	$2.00
upgrade in service involving service trip	$10.81	$9.57
installation of A/B switch for selecting between cable and local broadcast television signal	$13.91	$12.32