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

HILL, MONDAY, JANUARY 9, 1995 AT 7:00 P.M., CHAPEL HILL TOWN HALL

Mayor pro tem Brown called the meeting to order. Council Members in attendance were Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Mayor pro tem Brown noted that Mayor Broun was out of town and was unable to attend this evening's meeting. 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.

Item 2 Petitions

UNC Boiler Plant

UNC Associate Vice-Chancellor Bruce Runberg said the University was requesting a modification of its existing special use permit for an ash silo at the University's boiler plant (cogeneration facility). He stated that University staff and the project's consultant, Parker-Reist, were attempting to address the concerns of neighborhood residents.

Council Member Capowski inquired whether it would be possible to arrange a tour of the facility by the Council. Mr. Runberg said he would be pleased to make these arrangements.

Pierre Morell, a neighbor of the facility said neighbors wanted to obtain as much information as possible about the plant's activities. He added that recent communications with University officials about the plant had been very good.

Wes Lawton, President of the Cameron Glen Homeowners Association, expressed concern about the allowable limit of fly ash (1200 pounds per day) outlined in the conditions of the plant's special use permit.

Mayor pro tem Brown noted that she had sent copies to the Council of a letter to her from former Council Member Art Werner outlining his concerns about the power plant and ash silos. Council Member Brown suggested that Town staff consult with other agencies such as the Environmental Protection Agency and State agencies in responding to concerns of the Council and area residents.

Mayor pro tem Brown said she thought it was extremely important that the Council hold a public hearing on the University's request,

even if it was not legally required.

Noting that the University was requesting a special use permit modification, Mr. Karpinos suggested that it might be more appropriate to have a public tour in conjunction with the application's proposed hearing schedule.

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

Claire Cooperstein noted that she had a number of concerns about the Town's tree ordinance. A copy of Ms. Cooperstein's statement is on file in the Town Clerk's Office.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO RECEIVE MS. COOPERSTEIN'S PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Council Member Capowski noted that Council Member Pavão, Mayor pro tem Brown and himself served on the Durham-Chapel Hill Work Group. He inquired about the possibility of providing commuter buses along the U.S. 15-501 corridor between UNC Hospitals and the University campus and Durham. Council Member Capowski requested that staff investigate the possibility of establishing a park and ride lot at Ram's Plaza, Eastgate or University Mall for commuter service along the U.S. 15-501 corridor, as a means of reducing congestion in the corridor.

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

Council Member Chilton inquired whether express service was being proposed. Council Member Capowski said he hoped express service would be possible.

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

Noting that several cellular telephone towers had been constructed recently or were proposed in or near the Town limits, Council Member Capowski requested staff to investigate how the Town's Development Ordinance might be modified to address this type of structure. Noting the Planning staff's significant current workload, Mr. Horton said he hoped the Council would give some leeway in terms of the timeframe for a follow-up report.

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

Davis Stillson, an area resident since 1975, requested that the Town provide $4,500 for the editing and production of 200 copies of a videotape of the Town's Bicentennial-related activities on April 24, 1994. Mr. Stillson said he hoped that the project could be completed by April 24, 1995.

Victoria Tackett said she believed that existing videotapes could be edited into a wonderful compendium of the day's events. Nancy Preston said she hoped funds could be found to produce a wonderful asset. Betty Caldwell thanked the Council for their consideration of the request.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER POWELL, THAT THE PROPOSAL BE CONSIDERED IN THE CONTEXT OF THE TOWN'S PROPOSED BUDGET.

Noting that he was professionally familiar with Mr. Stillson's earlier video work, Council Member Capowski said he believed Mr. Stillson would do an excellent job of editing and producing the proposed video.

Council Member Powell said she thought the proposal was a very good one. She rhetorically inquired whether 200 videotapes was a sufficient quantity to meet anticipated demand.

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

Items 3.1 and 3.2 Consent Agenda and Information Reports

Council Member Protzman requested removal of item h for discussion. Mayor pro tem Brown requested removal of item j for discussion later in the meeting.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT THE CONSENT AGENDA, EXCEPTING ITEMS H AND J. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND AN ORDINANCE

(95-1-9/R-1)

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

a. Minutes of November 14, 21, 28, 30 and December 5.

b. Approval of annual update to the plan for compliance of the Town's transit services with the Americans with Disabilities Act (R-2).

c. Landfill construction change order (R-3).

d. Awarding contract for construction of solid waste administration building (R-4, O-1).

e. Renewal of lease to the Inter-Faith Council for the Community Kitchen and the Shelter for Homeless People (R-5).

f. Agreement with Town of Carrboro regarding temporary supervision of Building Inspection services (R-6).

g. Resolution of appreciation to the North Carolina Department of Environment, Health and Natural Resources and to Sera-Tec Biological for arranging installation and operation of a carbon monoxide monitor in downtown Chapel Hill (R-7).

h. Authorizing further evaluation or implementation of certain changes in Town services (follow-up to November 30th work session) (R-8).

i. Response to Tree Committee final report (R-9).

j. Review of development review fees (R-9.1). Council Member Protzman.

This the 9th day of January, 1995.

A RESOLUTION APPROVING THE CHAPEL HILL PARATRANSIT PLAN UPDATE AND AUTHORIZING ITS SUBMISSION TO THE TRANSPORTATION ADVISORY COMMITTEE AND FEDERAL TRANSIT ADMINISTRATION (95‑1‑9/R-2)

WHEREAS, the U.S. Department of Transportation regulations governing the implementation of the Americans with Disabilities Act require the annual submission of a Paratransit Plan Update; and

WHEREAS, the Town has prepared an Update in compliance with all applicable regulations;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the attached Paratransit Plan Update is approved and authorized to be submitted to the Durham‑Chapel Hill‑Carrboro Transportation Advisory Committee and Federal Transit Administration.

This the 9th day of January, 1995.

A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A $205,700 CHANGE ORDER TO GROUND IMPROVEMENT TECHNIQUES FOR THE NEW LANDFILL CONSTRUCTION PROJECT (95-1-9/R-3)

WHEREAS, a resolution adopted in November, 1992, authorizes the Manager to execute change orders "which do not cumulatively exceed the bid originally approved by Council by more than 10% of the original contract amount or $50,000, whichever is less, provided that there is a appropriation sufficient for the contract amendment"; and

WHEREAS, the Council in July, 1994, authorized the execution of a $2,774,500 contract with Ground Improvement Techniques, Inc. for construction of a lined landfill and appurtenances thereto; and

WHEREAS, there is a need for more bentonite than originally projected to meet impermeability requirements; and

WHEREAS, the $205,700 needed is less than 10% but more than $50,000, making Council approval necessary;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute a change order to Ground Improvement Techniques, Inc. in the amount of $205,700 for the new landfill expansion construction to cover the need for additional bentonite.

This the 9th day of January, 1995.

A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR CONSTRUCTION OF THE SOLID WASTE DIVISION ADMINISTRATION BUILDING

(95-1-9/R-4)

WHEREAS, the Town of Chapel Hill has solicited formal bids by advertisement in the September 18, 1994 edition of The Chapel Hill News in accordance with G.S. 143-128 for the construction of a Solid Waste Division Administration Building; and

WHEREAS, the following bids were received and opened on October 11, 1994:

Contractor Bid Amount

G. E. Capital Modular Space, Raleigh, NC $66,946

Modular Technologies, Inc., Kinston, NC $71,184

J.C. Edwards Construction, Inc., Raleigh, NC $98,430

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town accepts the bid of and awards the contract to the lowest responsive bidder, G.E. Capital Modular Space, Raleigh, NC, in the amount of $66,946.

This the 9th day of January, 1995.

AN ORDINANCE TO AMEND "THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 (95-1-9/O-1)

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 Revised

APPROPRIATIONS Budget Increase Decrease Budget

LANDFILL FUND $7,270,265 $108,500 $7,378,765

ARTICLE II

REVENUES

LANDFILL FUND

Fund Balance $ 809,315 $108,500 $917,815

This the 9th day of January, 1995.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO RENEW THE LEASE AGREEMENT WITH THE INTER-FAITH COUNCIL FOR USE OF THE PROPERTY AT 100 WEST ROSEMARY STREET AS A SHELTER FOR THE HOMELESS FOR A PERIOD OF TWO YEARS (95-1-9/R-5)

WHEREAS, the Council of the Town of Chapel Hill, on November 23, 1992, authorized the Town Manager to enter into a lease for the property at 100 West Rosemary Street for use as a shelter for the homeless; and

WHEREAS, the term of said lease was for two years, beginning on December 1, 1992, and ending on November 30, 1994; and

WHEREAS, the Inter-Faith Council for Social Service, Inc., entered into a lease with the Town for the property at 100 West Rosemary Street on December 1, 1992, and has requested that the lease be renewed; and

WHEREAS, in compliance with N. C. General Statute 160A-272, a public notice of intent to lease was published in the December 7, 1994 edition of the Chapel Hill Newspaper;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to renew the lease agreement with the Inter-Faith Council for use of the property at 100 West Rosemary Street as a shelter for the homeless for a period of two years, said agreement to contain language substantially the same as contained in the attached lease agreement.

This the 9th day of January, 1995.

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE TOWN OF CARRBORO REGARDING TEMPORARY ASSISTANCE IN SUPERVISION OF THE TOWN OF CARRBORO BUILDING INSPECTIONS PROGRAM, AND A RELATED INCREASE IN COMPENSATION OF THE DIRECTOR OF INSPECTIONS (95-1-9/R-6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to enter into an agreement with the Town of Carrboro regarding temporary assistance in supervision of the Carrboro building inspections program including terms and conditions substantially in accord with those recommended in the Manager's report on this matter dated January 9, 1995.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to adjust temporarily the salary of the Director of Inspections due to the additional workload as described in the Manager's report on this matter dated January 9, 1995.

This the 9th day of January, 1995.

A RESOLUTION OF APPRECIATION ON THE MONITORING CARBON MONOXIDE LEVELS PROJECT (95-1-9/R-7)

WHEREAS, on May 19, 1994, the Council of the Town of Chapel Hill adopted a resolution requesting consideration of placing a carbon monoxide monitoring station within Chapel Hill; and

WHEREAS, the N.C. Department of Environment, Health, and Natural Resources, Sera-Tec Biologicals, and Ms. E. Diane Tietz agreed to work on the monitoring project; and

WHEREAS, the Department of Environment, Health, and Natural Resources, Sera-Tec Biologicals, and Ms. E. Diane Tietz in conjunction with members of the Chapel Hill Fire Department set up a monitoring station on the building housing Sera-Tec Biologicals in the central business district of Chapel Hill;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby express appreciation to the N.C. Department of Environment, Health, and Natural Resources, Sera-Tec Biologicals, and Ms. E. Diane Tietz for their cooperation and diligence in establishing a carbon monoxide monitoring station within Chapel Hill.

This the 9th day of January, 1995.

A RESOLUTION DIRECTING THE TOWN MANAGER TO RESPOND TO THE RECOMMENDATIONS OF THE TREE COMMITTEE (95-1-9/R-9)

WHEREAS, the Council enacted the Town's Tree Protection Ordinance on January 1, 1990; and

WHEREAS, the Council received with appreciation the final report of the Tree Committee on November 28, 1994; and

WHEREAS, the Council acknowledges recommendations by the Tree Committee in this final report; and

WHEREAS, the Council has an ongoing interest in the successful implementation of the Town's Tree Protection Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to amend the Design Manual to address the planting of street trees in certain subdivisions; and

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager assign responsibility for tree related issues to the Appearance Commission and any board with which it may merge; and

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to review as part of upcoming budget discussions, recommendations made by the Tree Committee that involve increasing resources to implement the Tree Protection Ordinance.

This the 9th day of January, 1995.

There were no questions or comments concerning information reports.

Item 4 Public Forum on 1996-2002 Urban Area TIP

Planning Director Roger Waldon presented an overview of the suggested regional priority list, based on prior Council direction. He noted that Carrboro Mayor Kinnaird was requesting that the Town flip priorities four and five on the regional priority list. Mr. Waldon said staff recommended adoption of Resolution 10.

Council Member Evans inquired whether the widening of the Morgan Creek bridge was on schedule. Mr. Waldon said although this project was included in the U.S. 15-501 South project, it was not specifically phased. Council Member Evans suggested that the Council may wish to hold a work session on roadway improvements for the U.S. 15-501 corridor study, including Sage and Erwin Roads, in the future. Mayor pro tem Brown said this was a good idea. She added that this proposed (U.S. 15-501) project would be tremendously expensive.

Council Member Capowski inquired whether the Hillsborough/Old Fayetteville Road project involved funding from the same pot as other regional roadway projects. Mr. Horton said yes.

Council Member Waldorf asked whether the Department of Transportation had expressed willingness to do a feasibility study for South Columbia Street. Mr. Horton said it was uncertain whether the NCDOT would perform such a traffic study.

Council Member Evans asked whether proposed sidewalk projects should be on the priority list. Mr. Horton stated that any available State funds could be used for these projects.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 10.

Council Member Chilton noted that he had some reservations about the first priority on the proposed list, the U.S. 15-501 corridor project.

Council Member Capowski said he was glad to see bicycle and mass transit projects high on the priority list.

Council Member Evans asked whether this evening marked the last time that the Council would see this priority list. Mr. Horton said although this evening's review marked the last opportunities to pass comments on to the Transportation Advisory Committee, the Council would likely see the listing again in a follow-up report.

Council Member Brown said although she supported the Town of Carrboro's request for a shift in priorities, she had a number of reservations about proceeding with proposed priority number one on the list. Council Member Evans said she favored having the U.S. 15-501 project with the Morgan Creek bridge higher on the listing.

Council Member Protzman said he would vote against the proposed resolution because he thought the proposed U.S. 15-501 plan was a bad idea. Mr. Horton noted that the Council had the option of deleting the U.S. 15-501 corridor project from the list if it wished to do so. Noting that he had a number of concerns about the proposed project, Council Member Chilton said he would be glad to amend his motion to delete this project.

Council Member Evans suggested that the Council discuss any proposed improvements to the U.S. 15-501 corridor in the near future. Mr. Horton noted that if the Council wished, it could substitute language concerning phase II of the U.S. 15-501 corridor study. Council Member Capowski asked whether it was correct that this would not jeopardize other projects. Mr. Horton said this was correct for all practical purposes. Council Member Waldorf said the Council needed to talk about the U.S. 15-501 corridor study in the near future.

COUNCIL MEMBER CHILTON WITHDREW HIS EARLIER MOTION. COUNCIL MEMBER POWELL, THE SECONDER, CONCURRED.

Council Member Chilton suggested that Resolution 10 be amended to list phase II of the U.S. 15-501 corridor study at the top of the proposed transit priority project list. Mayor pro tem Brown inquired whether it was correct that the Council had not approved phase one of the U.S. 15-501 corridor project. Mr. Waldon said this was correct.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 10, LISTING PHASE II OF THE U.S. 15-501 CORRIDOR STUDY AT THE TOP OF THE PROPOSED PROJECT LIST AND REVERSING PRIORITIES FOUR AND FIVE.

Council Member Powell inquired whether the Town of Carrboro and City of Durham would have to agree with this prioritization. Mr. Horton said this was not necessary. Mayor pro tem Brown said the adopted resolution could be provided to the Transportation Advisory Committee and Transportation Coordination Committee for their information.

Council Member Capowski noted that the proposed U.S. 15-501 roadway project was the number one priority of the City of Durham and the number two priority of Durham County. Stating that voting was weighted proportionately according to community population's, Council Member Capowski said it was likely that the Town's input would have little effect on the suggested priorities. He inquired whether or not the Council had earlier expressed its support for phase two of the U.S. 15-501 corridor study. Mr. Horton said this was correct.

Mayor pro tem Brown emphasized the importance of the Council knowing the specifics and ramifications of roadway projects recommended for approval. Council Member Capowski said clear descriptions were provided on project fact sheets provided to the Council.

Council Member Capowski requested that staff change the word "widen" to "improvements" for the proposed South Columbia Street project.

Stating that the U.S. 15-501 corridor was not very crowded with the exception of evening rush hours, Council Member Chilton said it was absurd to suggest spending over $50 million for a freeway conversion project which was not needed now or in the future.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 10, AS AMENDED.

A RESOLUTION REQUESTING CHANGES TO AND ENDORSING THE 1996-2002 DURHAM-CHAPEL HILL-CARRBORO TRANSPORTATION IMPROVEMENT PROGRAM REGIONAL PRIORITY LIST (95-1-9/R-10)

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 Regional Project Priority List; and

WHEREAS, the Town has reviewed the draft 1996-2002 Regional Priority List;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee amend the Priority Listing to move project #5, Hillsborough Road/Old Fayetteville Road to priority #4 and include the South Columbia Street improvement project as regional priority #5.

BE IT FURTHER RESOLVED, that the Durham-Chapel Hill-Carrboro Urban Area Transportation Committee amend the description of priority project #1`to read as follows:

"1. U.S. 15-501 corridor improvements between MLK Parkway

and I-40; and selected intersection and other improvements between I-40 and Franklin Street."

and that the project fact sheet for South Columbia Street be amended to read "Improve South Columbia Street" instead of

"widen South Columbia Street".

BE IT FURTHER RESOLVED, that the Town Council requests that the Transportation Advisory Committee request that the project phasing for the U.S. 15-501 South widening project be revised to include improvements in Orange County as part of the first phase of the project.

BE IT FURTHER RESOLVED, that with these changes the Council endorses the draft 1996-2002 Regional Priority List.

BE IT FURTHER RESOLVED, that the Chapel Hill 1996-2002 Project Priority List, project #11, be amended to read as follows:

#11 Merritt Mill Road - Sidewalk from Cameron Avenue

to Franklin Street

This the 9th day of January, 1995.

Mayor pro tem Brown inquired whether it was correct that phase II of the earlier study did not include roadways. Mr. Horton stated that roads would inevitably included in this phase in the future.

Council Member Pavão called the question.

THE MOTION WAS ADOPTED BY A VOTE OF 6-2, WITH COUNCIL MEMBERS CAPOWSKI AND POWELL VOTING NO.

Council Member Waldorf requested that staff find a date for holding a Council work session on the U.S. 15-501 corridor study.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO SCHEDULE A WORK SESSION ON THE U.S. 15-501 CORRIDOR STUDY. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 5 Board and Commission Nominations & Appointments

Term Expiration Nomination and Appointment Schedule

Noting some recent and possible future changes in the Council's Board and Commission appointment process, Mr. Horton said the Council might wish to amend Resolution 11.

Noting that Council screening committees made appointment recommendations for the Design Review and Planning Boards, Council Member Waldorf suggested that the schedule be modified so that these appointments would occur on June 12th, while appointments scheduled for June 12th would take place on May 8th.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 11, AS AMENDED. THE MOTION WAS ADOPTED

UNANIMOUSLY (8-0).

A RESOLUTION REGARDING THE PROCESS FOR CONSIDERING APPOINTMENTS TO TOWN ADVISORY BOARDS AND COMMISSIONS (95-1-9/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following schedule for appointments to Town advisory boards and commissions:

May 8th Housing and Community Development Advisory Board

Human Services Advisory Board

Personnel Appeals Committee

May 22nd Board of Adjustment

Parks and Recreation Commission

Transportation Board

June 12th Design Review Board

Library Board of Trustees

Planning Board

June 26th Appearance Commission

Greenways Commission

Historic District Commission

Orange Water and Sewer Authority

BE IT FURTHER RESOLVED that nominations for appointments shall be made at the regular meeting preceding scheduled appointments.

This the 9th day of January, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO NOMINATE ALL CURRENT APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE APPEARANCE COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO NOMINATE ALL CURRENT APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO NOMINATE ALL CURRENT APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE GREENWAYS COMMISSION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO NOMINATE ALL CURRENT APPLICANTS FOR FUTURE APPOINTMENT CONSIDERATION TO THE MUSEUM STUDY COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Appointments to Design Review Board

Council Member Waldorf said she and Council Member Protzman, the Council's Screening Committee for the Design Review Board, had interviewed all three applicants and recommended the appointment of Weezie Oldenburg. She stated that Ms. Oldenburg had a distinguished record of community service, including recent service on the Appearance Commission.

WEEZIE OLDENBURG (7 VOTES) WAS APPOINTED TO THE DESIGN REVIEW BOARD. HENRY LISTER ALSO RECEIVED ONE VOTE. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Appointments to Planning Board

COUNCIL MEMBER CHILTON MOVED THAT APPOINTMENTS TO THE PLANNING BOARD BE POSTPONED FOR TWO WEEKS.

Council Member Waldorf said she thought the appointments should be made this evening. Council Member Chilton said it would be unfortunate to leave Mayor Broun out of this decision. Council Member Evans stated that Mayor Broun concurred with the screening committee's appointment recommendations. She added that the committee had interviewed a number of applicants and strongly recommended the appointment of Diane Bloom and Bruce Runberg to the Planning Board.

THE MOTION FAILED FOR LACK OF A SECOND.

DIANE BLOOM (8 VOTES) AND BRUCE RUNBERG (6 VOTES) WERE APPOINTED TO THE PLANNING BOARD. HARVEY EVELEIGH AND MARK SHELBURNE RECEIVED ONE VOTE EACH. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

Extension of Cable TV Advisory Committee Membership Terms

Council Member Capowski, Council liaison to the Cable Television Advisory Committee, said the expertise of Committee members was needed for a few more months. He requested that the Council adopt Resolution 12, extending the terms of existing Committee members.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 12. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION EXTENDING TERMS OF CABLE TELEVISION ADVISORY COMMITTEE MEMBERS (95-1-9/R-12)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby extends the terms of members of the Cable Television Advisory Committee until the Council makes a decision on whether to renew the franchise now held by Cablevision.

This the 9th day of January, 1995.

Item 6 Proposed Changes to Development Review Process

Mr. Waldon presented proposed changes most recently discussed at the Council's December 5th regular meeting. He briefly reviewed each of the resolutions before the Council this evening.

Bob Reda, President of the Alliance of Neighborhoods, noting the consensus which had been achieved among a cross-section of community groups, said it would be a shame to postpone a hearing on some of the changes for nine or ten months. Mr. Reda said he supported adoption of Resolution D1 (16).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 16 (D1), WITH A WORK SESSION TO BE HELD ON FEBRUARY 6TH AND A HEARING ON FEBRUARY 20TH.

Noting the Planning staff's heavy workload, Mr. Horton said he was concerned about the proposed schedule. Mr. Waldon stated that the proposed March hearing date reflected the earliest practical date for review by staff, the Planning Board and the Council.

Council Member Pavão inquired whether something on the March 20th agenda could be moved up to the February public hearing. Mr. Horton said he was concerned that staff was having difficulty keeping up with the current proposed schedule. Council Member Evans inquired about the possibility of moving back the hearing on downtown screening. Mr. Waldon said this was one possibility.

Council Member Powell inquired about the rationale for holding a work session on the proposed changes. Council Member Pavão said this would offer an additional opportunity for Council discussion. Council Member Protzman inquired about the possibility of moving annexation hearings to a later date. Mr. Horton said statutory considerations severely limited this approach. Council Member Pavão suggested the possibility of having the work session on February 6th, with a public hearing to follow on March 20th. Council Member Chilton asked whether the proposed work session on February 6th would be in addition to a discussion about the Resource Conservation District. Mr. Horton said yes.

Stating the proposals seemed quite clear, Council Member Chilton said he did not think that a work session was really needed. Council Member Powell expressed her concurrence. She suggested the possibility of the Council setting aside some time one Saturday per month to talk about current matters of concern to the Council. Council Member Pavão said the Council did not necessarily have to have a work session on the proposals and removed it from his motion. This was acceptable to Council Member Waldorf, the motioner's seconder.

RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING PUBLIC HEARINGS REGARDING DEVELOPMENT REVIEW PROCEDURES (95-1-9/R-16)

WHEREAS, the Council has discussed the desirability of changing development review procedures to reduce the number of times citizens and applicants must attend advisory board meetings to discuss a particular development application; and

WHEREAS, the Council has discussed the idea of requiring concept plans as an initial step in development applications for major developments; and

WHEREAS, effecting such changes would require amendments to Chapel Hill's Development Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a series of Public Hearings for March 20th, 1995, beginning at 7:00 pm in the Chapel Hill Town Hall, to consider the following changes to the Development Ordinance:

Ø Combine Design Review Board and Appearance Commission

Ø Require Concept Plans for major development applications

Ø Make Design Review of Concept Plans by the Design Review Board mandatory for major applications.

This the 9th day of January, 1995.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 13. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER PROTZMAN VOTING NO.

A RESOLUTION DIRECTING THE MANAGER TO INCREASE THE RADIUS OF NOTIFICATION FOR SOME DEVELOPMENT APPLICATIONS (95-1-9/R-13)

WHEREAS, it is current Town Policy to notify property owners within 500 feet of a potential development site that such site is being considered for development; and

WHEREAS, that 500 foot radius is often insufficient, for major applications, for purposes of notifying property owners who may have a significant interest in such development;

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

For all Special Use Permit applications, for Major Subdivision applications, for rezonings, and for Master Plan Approval applications, the Town Manager shall require, as a component of development applications, mailing lists and addressed, stamped envelopes for purposes of notifying all property owners within 1000 feet of the site of proposed development.

This the 9th day of January, 1995.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 14.

Council Member Capowski said he had discussed the proposal with avid bicyclists Wayne Pein and Paul Killough. He suggested that the Town place a greater emphasis on road maintenance and asphalt grading relative to the use of bicycles.

RESOLUTION 14 WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION DISSOLVING THE BICYCLE ADVISORY COMMITTEE

(95-1-9/R-14)

WHEREAS, the Council created a Bicycle Advisory Committee, initially to promote usage of bicycle helmets and later to advise on issues related to bicycle use in general; and

WHEREAS, currently both the Bicycle Advisory Committee and the Transportation Board are charged with advising the Council on issues related to bicycle use; and

WHEREAS, the Council desires that issues related to bicycle use be considered by the Transportation Board as part of its ongoing work;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council dissolves the Bicycle Advisory Committee, effective February 28, 1995, and requests the Transportation Board begin regularly including issues related to bicycle use in its ongoing work.

BE IT FURTHER RESOLVED that the Council extends its gratitude to the members of the Bicycle Advisory Committee for their work to promote bicycle usage in Chapel Hill, and invites members of the Committee to apply for upcoming vacancies on the Transportation Board.

This the 9th day of January, 1995.

Council Member Brown inquired why staff was proposing joint meetings of the Appearance Commission and Design Review Boards rather than other boards or commissions. Mr. Waldon said the functions and focuses of these two boards were often similar.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 14.1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION CALLING FOR JOINT MEETINGS OF THE APPEARANCE COMMISSION AND THE DESIGN REVIEW BOARD (95-1-9/R-14.1)

WHEREAS, the Town Council has discussed the desirability of changing development review procedures to reduce the number of times citizens and applicants must attend advisory board meetings to discuss a particular development application; and

WHEREAS, the Appearance Commission and Design Review Board both review development applications to evaluate design elements relating to appearance, architecture and landscaping;

NOW THEREFORE BE IT RESOLVED that the Council requests the Appearance Commission and the Design Review Board to begin meeting jointly, effective February 28, 1995, for purposes of reviewing development applications, such meetings to be convened by the chair of the Appearance Commission, at the normal meeting time of that Commission.

This the 9th day of January, 1995.

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

(8-0).

A RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSAL TO COMBINE THE PARKS AND RECREATION COMMISSION AND THE GREENWAYS COMMISSION

(95-1-9/R-15)

WHEREAS, the Council has specifically considered the idea of combining the Parks and Recreation Commission and the Greenways Commission into one board; and

WHEREAS, effecting such changes would require amendments to Chapel Hill's Town Code of Ordinances;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for February 6, 1995, beginning at 7:00 pm in the Chapel Hill Town Hall, to consider amending the Town Code in a manner that would combine the Parks and Recreation Commission and the Greenways Commission into one advisory board.

This the 9th day of January, 1995.

Item 7 Resolution of Intent for Proposed Annexation Areas

Mr. Waldon said staff recommended that the Council call a public hearing concerning the proposed annexation areas on March 20th. He stated that staff would present service plans to the Council at that time. Mr. Waldon said staff would likely recommend that the Council annex the areas effective June 30, 1995.

Council Member Brown requested additional information concerning the Town of Carrboro's request for deferral of annexation area number four. Mr. Waldon briefly outlined the area, noting that the area would serve as a logical Town boundary in the future. Council Member Brown inquired about legal ramifications of postponing the annexation. Mr. Karpinos said the Council was being asked to adopt a resolution of intent this evening. He stated that postponement of adoption of any of the resolutions might impact the effective annexation date of June 30, 1995, necessitating special meetings in the future. Mr. Karpinos added that it was not legally impossible to postpone the matter and annex the area in the future.

Council Member Capowski asked whether the adoption of the resolution of intent for area 4 would preclude the Council from changing the proposed annexation boundary line in the future. Mr. Karpinos said although the Council could not add to the proposed area, it could annex all or part of the area. Council Member Capowski said he favored going ahead with all four resolutions this evening.

Mr. Horton said the Council could encourage the Town of Carrboro to reinitiate discussions about annexation boundaries. Council Member Capowski said the annexation work group's last meeting was two to three months ago. Council Members Powell and Evans said they thought the Council should proceed with adoption of the resolutions this evening.

Council Member Chilton said there was no need to forward too quickly since a neighboring jurisdiction was requesting postponement of the matter. Council Member Chilton said he would vote against resolution 21. Council Member Capowski said he believed Town boundary lines should be determined by elected officials rather than ad hoc chances of development proposals.

Council Member Brown inquired about the possibility of postponing the topic to a near-term meeting to acknowledge the Town of Carrboro's concerns. Mr. Horton said the developer of the Cobble Ridge subdivision was very anxious to be annexed into the Chapel Hill Town limits. Council Member Brown suggested that the Council acknowledge the Town of Carrboro's request and suggest that the annexation boundary work group meet again and bring forth concerns of both parties. Council Member Capowski expressed his concurrence.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 18. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (95-1-9/R-18)

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

SECTION 1

That it is the intent of the Town Council of the Town of Chapel Hill to consider annexing the following described territory pursuant to Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:

Annexation Area 1. The Chesley V subdivision, the Birch Meadow subdivision, Phase 1 of the Silver Creek subdivision, the future phases of the Silver Creek and Springcrest subdivisions, the site of the new High School, several individual lots, the Weaver Dairy Road right-of-way, and the Erwin Road right-of-way south of Interstate 40. This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:

BEGINNING at a point on the southern edge of the right-of-way of Weaver Dairy Road, said point also being the Northeastern corner of lot 51, Chesley Subdivision Phase 2, (Tax Map 25H) and lying on the existing Chapel Hill corporate limits; thence proceeding along the southern edge of Weaver Dairy Road in a northwestern direction, following said corporate limits for a distance of approximately 2730 feet; thence proceeding along the corporate limits across Weaver Dairy Road to the eastern edge of the right-of-way of Sunrise Road and then northward along said eastern edge for approximately 730' to the northwest corner of Lot 13, Tax Map 25, said point also being the southwest corner of Lot 44, Chandler's Green (Phase 1A), Tax Map 138; thence proceeding along said existing corporate limits and following the northern property line of Lot 13, Tax Map 25 easternly 1350', northernly 262' and easternly 1460' to the southeastern corner of Lot 22, Tax Map 138A (Chandler's Green Subdivision); thence continuing along the existing Chapel Hill corporate limits in a northeasternly direction following the boundaries of Lots 22, 19 and 18, Tax Map 138A approximately 683' to a point on the southern edge of the right-of-way of Interstate 40; thence leaving said corporate limits line and proceeding along the southern edge of said I-40 right-of-way in a southeasternly direction approximately 3880' to a point on the eastern edge of the right-of-way of Erwin Road and I-40; thence proceeding along the eastern right-of-way line of Erwin Road southward approximately 3010' to the northwest corner of Lot 7D, Block B, Tax Map 27, said corner being a point on the existing Chapel Hill corporate limits; thence proceeding along said corporate limits line and eastern right-of-way of Erwin Road southwestwardly 1460' to a point on said corporate limits line; thence following said corporate limits line across Erwin Road northwestward to the southwestern edge of Weaver Dairy Road right-of-way and along said right-of-way approximately 460' to a point on said right-of-way; thence proceeding directly across said right-of-way to its northeastern edge; thence proceeding along said northeastern right-of-way following the existing corporate limits line 1570' to a corner on the corporate limits line; thence following said corporate line across Weaver Dairy Road to a point on the right-of-way that is also the southeast corner of Lot 35, Tax Map 25J (Chesley V Subdivision); thence proceeding westward along the southern boundary of said subdivision following the existing corporate limits line and the southern boundary lines of Lots 29, 28, 26, 18, 17 and 16, Tax Map 25J (Chesley V) approximately 1375' to the southwest corner of said Lot 16; thence following the corporate limits proceeding northward along the western boundaries of Lots 16, 15, 14, 13, 12, 11, 10 and 9 (Tax Map 25J, Chesley 5 Subdivision) approximately 1280' to the northwest corner of said Lot 9 and the southern right-of-way line of Weaver Dairy Road, said corner also being the northeast corner of Lot 51, Tax Map 25H, said corner being the point of BEGINNING.

This annexation area encloses a non-contiguous "satellite area" that is already within Town corporate limits (Covington Place and Springcrest, Phases 1-4 and Open Space).

SECTION 2

That a public hearing on the question of annexing the above-described territory will be held in the Council Chambers of the Town Hall, 306 N. Columbia Street, Chapel Hill, N.C. 27516 at 7:00 p.m., on the 20th day of March, 1995, at which time plans for extending services to said territory will be explained and all residents and property owners in said territory and all residents of the Town of Chapel Hill will be given an opportunity to be heard.

SECTION 3

That a report of plans for extending services to the above-described territory be made available for public inspection at the office of the Town Clerk for at least thirty (30) days before the date of said public hearing.

SECTION 4

That a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed who have be identified, be posted in the office of the Town Clerk at least thirty (30) days before the date of said public hearing.

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 9th day of January, 1995.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 19. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (95-1-9/R-19)

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

SECTION 1

Annexation Area 2. Three lots on Clark Lake Road. These lots are described as follows:

All that certain tract or parcel of land lying, situate and being in Triangle Township, Durham County, North Carolina, being more particularly described as follows:

BEGINNING at a point on the corner of Lot 14E, Tax Map 478, Block 3, said point also being on the western edge of Pope Road right-of-way at its corner with Clark Lake Road, said corner also being the northern point of the northern right-of-way entrance of Clark Lake Road and said point lying on the Chapel Hill corporate limits line; thence proceeding westward 306.7' along the southern line of said Lot 14E and Lots 14D and 14C (Tax Map 478, Block 3) and following the corporate limits line to the southwest corner of Lot 14C; thence proceeding northward 135' along the western boundary of Lot 14C and said corporate limits line to the northwest corner of Lot 14C; thence proceeding 302.6' eastward along the northern boundaries of Lots 14C, 14D and 14E (Tax Map 478, Block 3) following the corporate limits line to the northeast corner of Lot 14E, said point also being the western right-of-way line of Pope Road; thence leaving the Chapel Hill corporate limits line and proceeding southward 135.1' along the eastern boundary of Lot 14E and Pope Road right-of-way to the southeast corner of Lot 14E, said point being the corner of Pope Road right-of-way and Clark Lake Road right-of-way and being the point of BEGINNING.

SECTION 2

SECTION 3

SECTION 4

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 9th day of January, 1995.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO ADOPT RESOLUTION 20. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (95-1-9/R-20)

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

SECTION 1

Annexation Area 3. The Culbreth Park subdivision, the Hundred Oaks subdivision, several intervening undeveloped parcels, the Culbreth Road right-of-way east of the present corporate limits, and a portion of the U.S. 15-501 South right-of-way. This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill Township, Orange County, North Carolina, being more particularly described as follows:

BEGINNING at the northeast corner of Lot 8D, Tax Map 122, Block B (the Culbreth Middle School property), said point also being the northwest corner of Lot 5, Tax map 122D (Culbreth Park Subdivision) and on the southern edge of the Culbreth Road right-of-way and on the existing Chapel Hill corporate limits line; thence proceeding 60' across Culbreth Road to a point on its northern right-of-way line and then proceeding eastward along said following said corporate limits line 1334' to the corner of Lot 1B, Tax Map 122A, Block B; thence proceeding northward 453' along the eastern boundaries of said Lot 1B and Lots 2B and 17 (Tax Map 122A, Block B) following said corporate limits to the midpoint of Morgan Creek; thence proceeding along the existing corporate limits as it follows the center of Morgan Creek approximately 1455' to the western right-of-way line of U.S. 15-501 South; thence proceeding southward along said right-of-way to its intersection with the southern edge of Culbreth Road right-of-way; thence proceeding southeastward across U.S. 15-501 following the Chapel Hill corporate limits line to the northern corner of Lot 8H (Tax Map 122, Block B) and proceeding southeastward along the western right-of-way line of Mt. Carmel Church Road approximately 2150' to a point on the northern right-of-way line of Bennett Road and the said corporate limits line; thence, leaving said corporate limits line, and proceeding along the northern line of said road for 239' to the southeast corner of Lot 34 (Hundred Oaks Subdivision, Book 72, Page 163); thence proceeding northwestward 1103.21' along the southern boundary of Hundred Oaks Subdivision (also being the northern boundary of Lot 4H, Tax Map 126, Block B) to its southwest corner, said point lying on the eastern edge of the U.S. 15-501 South right-of-way; thence proceeding northwestward across U.S. 15-501 to the southeast corner of Lot 8S, Tax Map 122, Block B; thence following the southern boundaries of Lots 8S and 8W northwestward approximately 650' to the southeast corner of Lot 45, Tax Map 122D (Culbreth Park Subdivision); thence proceeding westward 614' along the southern boundaries of Lots 45, 44, 43, 42, 41, 40, 39 and 38 to the western corner of Lot 38, said point also being on the eastern boundary line of Lot 8D, Tax Map 122, Block B (Culbreth Middle School) and lying on the existing Chapel Hill corporate limits line; thence proceeding northeastward 365' along the eastern line of said Lot 8D following the corporate limits line to a corner of Lot 33, Tax Map 122D; thence proceeding northwestward 734.6' along the eastern line said Lot 8D to its northeast corner on the southern right-of-way line of Culbreth Road, said point being the point of BEGINNING.

SECTION 2

SECTION 3

SECTION 4

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 9th day of January, 1995.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT RESOLUTION 21. THE MOTION WAS ADOPTED BY A VOTE OF 7-1, WITH COUNCIL MEMBER CHILTON VOTING NO.

A RESOLUTION STATING THE INTENT OF THE TOWN OF CHAPEL HILL TO CONSIDER ANNEXING THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (95-1-9/R-21)

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

SECTION 1

Annexation Area 4. The Cobble Ridge subdivision (Phases 1&2), a portion of the Culbreth Road right-of-way, an intervening parcel to the east that borders Culbreth Middle School, several undeveloped parcels to the north of Culbreth Road that are bordered to the north and east by the Town's corporate limits, and portions of several lots west of Cobble Ridge (with the boundary of this annexation area generally following a ravine that divides several of these properties). This area is described as follows:

All that certain tract or parcel of land lying, situate and being in Chapel Hill, North Carolina, being more particularly described as follows:

BEGINNING at a point on the northwest corner of Lot 8D, Tax Map 122, Block B (Culbreth Middle School property), said point being on the southern edge of Culbreth Road right-of-way and on the existing Chapel Hill corporate limits line; thence proceeding southeastward 775' along the western boundary of said Lot 8D following the corporate limits line to a point that is the southeast corner of Lot 15B (Tax Map 122, Block B); thence, leaving the Chapel Hill corporate limits line, proceeding westward approximately 650' along the southern boundary of said Lot 15B to its southwest corner, said point also being the southeast corner of the Lot identified as Open Space (Plat Book 72, Page 50); thence proceeding westward along the southern boundary of said Open Space Lot (also being the southern boundary of Cobble Ridge Subdivision, Phase B) a distance of 969.3' to the southeast corner of Lot 20 (Cobble Ridge Subdivision, Phase B, PB 72, P 50); thence proceeding 127.6' westward to the southwest corner of said Lot, being also the southeast corner of Lot 15A (Tax Map 122, Block B); thence proceeding westward along the southern boundary of said Lot 15A approximately 585' to a point (said point being 300' east of Lot 15A's southwest corner); thence proceeding in a northward direction approximately 1180' along the bottom of the ravine that bisects Lots 15A, 14C, 15F and 16 (Tax Map 122, Block B) to a point on the northern boundary of Lot 16 that is the southwest corner of Lot 15 (Tax Map 122, Block B); thence proceeding northeastward along the western boundary of said Lot 15 to its northwest corner on the southern right-of-way of Culbreth Rd.; thence proceeding across said right-of-way to its northern edge to a point that is the southwest corner of Lot 15H (Tax Map 122, Block B); thence proceeding northeastward 400' along the western boundary of said Lot 15H to a corner; thence proceeding northward 1040' along the western boundary of said Lot 15H and Lot 20 (Tax Map 122, Block B) to a corner of said Lot 20; thence proceeding northeastward along the eastern boundary of Lots 19 and 19A and the western boundary of Lot 21 (Tax Map 122, Block B) approximately 830' to the northwest corner of said Lot 21 and Morgan Creek and the Chapel Hill corporate limits; thence proceeding southeastward approximately 2150' along the center of Morgan Creek and the corporate limits to the western corner of Lot 40 (Tax Map 122C); thence following the corporate limits line along the western boundary of Southbridge Subdivision in a southwest direction 1680' to the southwest corner of Lot 71 (Southbridge Subdivision, Tax Map 122C); thence proceeding southeastward 795.7' to the southeast corner of Lot 65 (Tax Map 122C), said point also lying on the northern right-of-way line of Culbreth Road; thence proceeding westward along said Culbreth Road right-of-way for 200' to a point; thence continuing to follow the existing Chapel Hill corporate limits proceeding across Culbreth Road 65' to the northwest corner of Lot 8D (Tax Map 122, Block B), the point of BEGINNING.

SECTION 2

SECTION 3

SECTION 4

SECTION 5

That notice of said public hearing shall be given by publication and first class mail, as required by North Carolina General Statute 160A-49.

This the 9th day of January, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO REQUEST THAT THE TOWNS OF CHAPEL HILL AND CARRBORO RECONVENE THE ANNEXATION BOUNDARY WORK GROUP TO DISCUSS THE BOUNDARIES OF ANNEXATION AREA FOUR. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 8 Severin Street & Markham Drive Sewer Projects

Mr. Horton said he recommended setting aside $22,000 for sewer projects in these neighborhoods. He added that there was a potential liability of up to $900,000 to provide sewer service to unsewered current or future parts of the Town. Council Member Waldorf emphasized the importance of addressing fairness and flexibility issues relative to the provision of sewer service by the Town.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 22A. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION ALLOCATING FUNDS TO ASSIST WITH THE MARKHAM DRIVE AND SEVERIN STREET SEWER PROJECTS BY THE ORANGE WATER AND SEWER AUTHORITY (95-1-9/R-22a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby allocates $22,000 for assisting with the Markham and Severin Street sewer improvements on substantially the same basis as and manner as Town sales taxes were allocated to assist with the North Forest Hills, Glen Heights, Mount Bolus and Sherwood Forest sewer improvements under the Council's resolutions of October 25, 1993, and May 23, 1994; provided, that if low-income homeowners qualify for loans from sales taxes potentially totalling more than $11,000, the Manager is authorized to reduce this assistance below 35% of assessments to the extent necessary to remain within a limit of $11,000 for such loans from sales taxes.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to execute on behalf of the Town an amendment to the agreement with the Orange Water and Sewer Authority regarding use of sales taxes in the North Forest Hills, Glen Heights, Mount Bolus and Sherwood Forest sewer projects, to include the Markham Drive and Severin Street projects under the terms of that agreement and to the extent that sales tax funds for these two projects are available after the Town determines the amount to be used for loans to low-income homeowners from sales taxes to assist with assessment costs.

This the 9th day of January, 1995.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REQUEST STAFF TO PREPARE A REPORT CONCERNING A TOWN SEWER ASSISTANCE POLICY, INCLUDING FAIRNESS, FLEXIBILITY AND FUTURE IMPLICATIONS. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

Item 9 Balance of Consent Agenda

Town Services Catalogue Follow-up

Council Member Protzman inquired about the proposal to consider hiring a courier. Mr. Horton said a courier could assist with projects such as the delivery of Council agenda packets. Council Member Capowski said he favored continued delivery of packets by Fire and Police personnel. Council Member Powell concurred.

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

A RESOLUTION FORMALLY APPROVING A LIST OF CHANGES IN TOWN SERVICES AND AUTHORIZING THE MANAGER TO PROCEED WITH FURTHER EVALUATION OR IMPLEMENTATION (95-1-9/R-8)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to proceed with further evaluation of or implementation of the following changes in Town services as set forth more specifically below:

	Item	Follow-Up by Manager
1	Consolidate the building maintenance functions of the Public Works, Parks and Recreation and Transportation Departments in the Public Works Department.	Proceed with evaluation; make recommendations in budget process.
2	Consolidate the grounds maintenance functions of the Public Works, Parks and Recreation and Transportation Departments in the Public Works Department.	Proceed with evaluation; make recommendations in budget process.
3	Separate Orange Regional Landfill and Recycling operations from the Public Works Department.	Proceed with evaluation; make recommendations in budget process.
4	Evaluate the costs and benefits of contracting with a private company for operation of the Town's off-street parking services.	Proceed with evaluation; report to the Council as progress is made. Target for completion of evaluation by December 1995.
5	Investigate the possibility of contracting out operation of the Town's cemetery on Legion Road (retain maintenance but contract out sales and other services).	Proceed with evaluation; report to the Council as progress is made. Target for completion of evaluation by December 1995.
6	Create a Town-wide computer network to facilitate communication, information transfer and information access for citizens and employees.	Proceed with implementation to the extent possible within currently budgeted funds; additional funds may be requested in 1995-96 budget.
7	Investigate costs and revenues associated with allowing advertising panels on the outside of Town buses.	Proceed with evaluation; make recommendations by July.
8	Study and report on the possibility of administrative variances from Development Ordinance requirements, with consideration of necessary standards, etc.	Make report to Council by the fall of 1995.
9	Study and report on the possibility of allowing flexible building setbacks.	Make report to Council by last quarter of 1995-96.
10	Review Town property holdings to identify those which are not needed for Town purposes and could be sold with the Council's approval.	Implement by last quarter of 1994-95.
11	Appoint a volunteer coordinator for the Town to collect information about Town volunteer service needs, and match volunteers to tasks.	Recruit coordinator by end of 1994-95.
12	Work with the Towns of Carrboro and Hillsborough, City Schools, Orange County and OWASA to explore joint purchasing arrangements.	Proceed with discussions with other entities.
13	Expand the use of voice mail to make it easier for citizens to communicate with staff.	Implement to the extent possible within budgeted resources.
14	Prepare an example of action only minutes of a previous Town Council meeting.	To be provided to the Council for January 14, 1995, planning session.
15	Prepare "action only" minutes or summaries of advisory board and commission meetings.	Implement to extent legally permissible; some types of formal hearings may require preparation of a hearing record.
16	Change the agenda of Council meetings so that the consent agenda is near the beginning of the meeting.	Implemented effective January 9, 1995.
17	Establish a "courier" position to perform delivery tasks now carried out by police and fire and other employees.	Prepare proposed change to employee classification and pay ordinance and budget amendment for action by the Council; implement upon approval. Target for third quarter of 1994-95.
18	Prepare status reports on implementing the list of ideas for service changes which Manager can implement within budgeted resources and Council's service policies.	Report on January 14th.

This the 9th day of January, 1995.

Mayor pro tem Brown inquired about the scope of Council Member Protzman's proposal concerning development review fees. Council Member Protzman said he suggesting that the Council look at the possibility of a sliding scale for development review fees in order to encourage certain types of development relative to affordable housing. Mayor pro tem Brown suggested adding the words "or should" to Resolution 9.1.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT RESOLUTION 9.1, AS AMENDED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

A RESOLUTION REQUESTING THE MANAGER TO MAKE RECOMMENDATIONS IN THE 1995 BUDGET PROCESS REGARDING FEES FOR REVIEW OF APPLICATIONS FOR PROPOSED DEVELOPMENT (95-1-9/R-9.1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council requests the Town Manager to review the Town's Development review fees and to make recommendations on how and whether these fees could or should be put on a sliding scale based on the time and effort required to process an application.

This the 9th day of January, 1995.

There was no need for a closed session.

The meeting concluded at 9:41 p.m.