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

Quarterly Reports

Council Member Brown requested information concerning the status of the Town's cost accounting system. She also requested a summary of the system's costs to date. Mr. Horton said he would be glad to provide this information. Mayor Broun commended the staff for a well-prepared report. Council Member Capowski inquired whether the actual cost of a ride on a Town bus was $1.49 or $1.90. Mr. Horton said staff could provide information about the cost of bus rides.

Mayor Broun noted that a Council liaison to the Appearance Commission was needed.

Item 4 Board and Commission Appointments

Council Member Powell stated that the Council Screening Committee for the Board of Adjustment could have easily recommended any of the applicants to fill the vacant Town resident seat.

WESLEY EGAN (TOWN RESIDENT) AND JO ANN WOODS (COUNTY RESIDENT) WERE APPOINTED TO THE BOARD OF ADJUSTMENT. ORIGINAL VOTING BALLOTS ARE ON FILE IN THE TOWN CLERK'S OFFICE.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO APPOINT BETTY LANDSBERGER AND JEAN SMITH TO THE ORANGE SENIOR CENTER PLAN DEVELOPMENT COMMITTEE. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

Item 5 The Reserve Planned Development

Parties wishing to testify in the matter were sworn by the Town Clerk. Mr. Horton requested that materials be entered into the record of this evening's hearing. Mayor Broun concurred.

Mr. Waldon briefly reviewed key issues including the provision of open space, landscaping buffers and a roadway stub-out. He noted that staff recommended adoption of Resolution A.

Sally Brown, the applicant, expressed appreciation for the staff's recommendations. Ms. Brown said she questioned the need for sidewalks outlined in conditions of approval f and g. Mr. Waldon said staff felt that sidewalks were important in all new neighborhoods, especially in areas having steep terrain. Mayor Broun noted that no other citizens wished to speak on the matter.

Noting that the subject property was in an environmentally sensitive area, Council Member Protzman said he could not imagine why the applicant should be required to construct sidewalks in such a low density development.

Council Member Capowski said it would probably be a good idea to require sidewalks since it was likely that families with children would reside in the development. He also inquired about the status of Bayberry and Rhododendron Drive in terms of ownership and maintenance matters. Mr. Waldon said the roadways were owned and maintained by the North Carolina Department of Transportation. He also noted that the roads were substandard in terms of Town roadway standards.

Noting that more people appeared to ride bicycles than walk in the area, Council Member Brown inquired why sidewalks were being proposed instead of bicycle paths. Mr. Waldon stated that since proposed roadways would have curb and guttering, the Town could also require wider roads to accommodate bicycle lanes if the Council directed. He added that the Town had not typically required bicycle lanes on local streets. Mr. Horton said he believed that sidewalks were needed in the area for citizen's safety.

Mayor Broun said he thought the subdivision would have country lanes which could be used by automobiles, bicycles and pedestrians. He suggested that it might be best to maintain the roadways as urban lanes. Mr. Waldon said he would not disagree since the proposed development was on the fringe of an urban area.

Council Member Chilton said the staff had made some important points about the Town's general policy on sidewalks. He also expressed concern that providing sidewalks would contribute to higher housing costs in the planned development. Council Member Chilton said he believed the developer could have taken additional steps to move the project further to the west on a more compact site.

Council Member Brown asked why curb and guttering was proposed. Mr. Waldon said ditch and shoulder sections would require a greater amount of land disturbance than curb and guttering. Sally Brown, the applicant, agreed to the proposed conditions of approval.

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADJOURN THE PUBLIC HEARING. THE MOTION WAS ADOPTED UNANIMOUSLY

(9-0).

COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 7A, EXCLUDING CONDITIONS F AND G CONCERNING SIDEWALKS.

Council Member Evans suggested a friendly amendment, requiring sidewalks along a portion of Madera Lane. The motioner and seconder concurred.

RESOLUTION 7A, AS AMENDED, WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT FOR THE RESERVE, PHASE II PLANNED DEVELOPMENT - HOUSING (SUP 131-10)

(95-2-13/R-7a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by Ms. Sally Brown for Marin Development, on property identified as Chapel Hill Township Tax Map 131, Lot 10, if developed according to the site plan entitled "Plan B" presented at the January 17, 1995 public hearing, 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 Special Use Permit for The Reserve II Planned Development - Housing in accordance with the plans listed above and with conditions listed below:

Stipulations Specific to the Development

1. A. That construction begin by February 13, 1997 (two years from the date of Council approval) approval and be completed by February 13, 1998 (three years from the date of Council approval).

B. That the approval allows 22 single-family dwelling units on individual lots.

2. County Health Department Lot Approval: That lots outside the Urban Services Boundary which are to be served by individual subsurface sewage disposal systems and individual water supply systems be approved by the Orange County Health Department and the Town Manager prior to issuance of a Zoning Compliance Permit.

3. County Subdivision/Zoning Approval: That Orange County approval be obtained for the portion of the development outside Chapel Hill's zoning jurisdiction.

4. Required Improvements:

A. That Madera Lane be extended into this property. Madera Lane shall be constructed to public street standards with curb and gutter. A 50-foot right-of-way shall be dedicated.

B. That Road "A" be constructed to public street standards, with a 27-foot back-to-back cross-section with curb and gutter. A 50-foot right-of-way shall be dedicated.

C. That 30-inch rolled curb may be acceptable as an alternative to standard curb and gutter in some locations along Madera Lane and Street "A", to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

D. That Drive "B" be constructed as a long driveway, with a roadbed to Town street standards, with ditch sections instead of curb and gutter, and no sidewalk.

E. That the streets be maintained by the Homeowners' Association (or NCDOT, if the State accepts the streets) until such time as the property is annexed into the Town.

F. That concrete sidewalk be constructed along the narrow lane to the pedestrian easement.

G. That the storm drainage easement in the common area between Lots 13 and 17 be at least 30 feet in width.

H. That designs for driveways accessing Drive "B" be approved by the Town Manager prior to issuance of a Building Permit.

5. Steep Slopes: That a more detailed Steep Slopes plan be submitted, showing the potential buildable areas on the house lots, and committing to certain types of building foundations and construction techniques for those lots and house sites with slopes of 15% and greater. These restrictions shall be referenced in the Homeowners' Association documents to be recorded in the Orange County Register of Deeds office with the final plat.

Stipulations Related to the Resource Conservation District

6. Boundaries: That the boundaries of the Resource Conservation District be shown on the final plat and final plans with a note indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance."

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

8. Buildable Lots: That no lot be created that would require a Resource Conservation District variance in order to be built upon.

Stipulations Related to Recreation Area

9. Dedication of Recreation Area: That the final plat dedicate and deed the Recreation Area to the Homeowners' Association for Parks and Recreation purposes only. The developer shall remain responsible for the recreation area until the Town or a Homeowners' Association accepts the property.

10. Recreation Space Improvements: That the type, design and location of recreation improvements be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

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

Type "B" landscape buffer along the northern, southern and eastern property lines.

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

12. Significant Vegetation: That the Homeowners' Association documents include provisions for protection of significant vegetation in the area of sites M13 and M16 of the Inventory of Significant Natural Areas. These restrictions shall limit the areas of disturbance on the single-family lots within sites M13 and M16.

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

Stipulations Related to Water, Sewer and Other Utilities

14. Fire Hydrants: That a hydrant plan for the site be submitted for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Hydrants of sufficient number and appropriate location must be provided such that the Town standards of each building site being located within 500 feet of a hydrant.

In addition, it must be demonstrated that the street network and hydrant system can accommodate the Town's fire department apparatus, especially for those lots with potential house sites distant from the streets, prior to issuance of a Building Permit.

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

16. OWASA Easements: That easement documents as required by OWASA and the Town Manager be recorded before final plat approval.

17. Utility Service Laterals: That prior to paving streets, utility service laterals (including cable and telephone) shall be stubbed out to the front property lines of each lot. For those lots within the Urban Services Boundary, sanitary sewer laterals shall be capped off above ground.

18. Utility/Lighting Plan Approval: That a water and sewer extension plan 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 be approved by Orange Water and Sewer Authority (for those lots within the Urban Services Boundary), Duke Power, Southern Bell, Public Service Company, Cablevision, and the Town Manager, before issuance of Zoning Compliance Permit. The property owner shall be responsible for assuring these utilities, including cable television, are extended to serve the development.

Miscellaneous Stipulations

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

Curbside collection may be required for steeper lots, and a note to this effect shall be placed on the final plat.

20. 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.

21. Homeowners' Association: That a Homeowners' Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of common areas, however designated. The Homeowners' Association documents shall be approved by the Town Manager, recorded at the Orange County Register of Deeds Office and cross referenced on the final plat.

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

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

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

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

25. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Erosion Control: That a detailed soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer and the Town Manager before issuance of a Zoning Compliance Permit.

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

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

29. Non-severability: 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 Special Use Permit for The Reserve II Planned Development-Housing in accordance with the plans and conditions listed above.

This the 13th day of February, 1995.

Item 6 Chapel Hill-Carrboro Transit Facility

Mr. Waldon said staff felt that the proposed rezoning would achieve the purposes of the Town's Comprehensive Plan and recommended its adoption.

COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT ORDINANCE 4. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS (95-2-13/O-4)

WHEREAS, the Council of the Town of Chapel Hill has considered the application from Hakan/Corley & Associates, representing the Chapel Hill/Carrboro City Schools, to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-5-Conditional, and finds that the amendment achieves the purposes of the Comprehensive Plan; and

WHEREAS, the Council finds that any approved special use under the Residential-5-Conditional Use zoning would be suitable for the property proposed for rezoning under the conditions attached to an approved Special Use Permit;

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

SECTION I

That the property identified as Chapel Hill Township Tax Map 109, part of Lot 12 (10.34 acres located on the north side of High School Road and further identified below):

Beginning at the intersection point of the Western right-of-way line of Seawell School Road with the Northern boundary line of Chapel Hill High School; thence along said right-of-way S 00 36'21"W, 926.32 feet to the intersection of the Northern right-of-way line of High School Road; thence continuing along said right-of-way N 88 26'42"W, 261.02 feet and along a curve to the right having a radius of 755.68 feet, for an arc length of 188.23 feet, the chord of said arc being N 81 18'33"W, 187.74 feet; thence N 00 49'47"E, 898.8 feet; thence S 88 58'47"E, 443.36 feet to the point and place of beginning and containing 9.41 acres,

be rezoned from Residential-1 to Residential-5-Conditional zoning.

SECTION II

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

This the 13th day of February, 1995.

Mr. Waldon said the Chapel Hill-Carrboro Schools were seeking a special use permit to construct a transit maintenance facility. He said staff recommended adoption of Resolution 9a approving the request. Michael Hammersley, the applicant's representative, said the applicant concurred with the proposed conditions of approval.

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

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

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE CHAPEL HILL/CARRBORO CITY SCHOOLS TRANSIT MAINTENANCE FACILITY (SUP-109-12 (95-2-13/R-9a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Transit Maintenance Facility proposed by the Chapel Hill/Carrboro City Schools, on property identified as Chapel Hill Township Tax Map 109, part of Lot 12, and further identified below:

if developed according to the New Corner Site-Site Plan dated September 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.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for a Planned Development-Industrial for the Chapel Hill/Carrboro City Schools Transit Maintenance Facility in accordance with the plan listed above and with the conditions listed below:

Stipulations Specific to the Development

1. A. That construction begin by February 13, 1997 (two years from the date of Council approval) and be completed by February 13, 1998 (three years from the date of Council approval).

B. That half of a 90 foot right-of-way be dedicated along the subject property's Seawell School Road frontage.

C. That at least four of the proposed employee parking spaces be replaced with landscaped areas.

D. That no more than ten parking spaces in a row be permitted without a landscaped area.

E. That the parking lot pavement design exceed minimum Town standards and that the design be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

F. That a triple fire hydrant be provided on the east side of the entrance driveway on High School Road.

2. Required Improvements:

A. That High School Road be improved to half of a 51 foot wide cross-section to include three travel lanes, bike lanes, and curb and gutter along the Special Use Permit area's frontage.

B. That the High School Road/Seawell School Road intersection be improved with a left-turn lane onto High School and a right-turn deceleration lane onto High School Road.

Stipulations Related to State and Federal Government Approvals

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

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

Stipulations Related to Landscape Elements

5. 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 D buffers (minimum 50 feet wide) along the west and north boundaries of the Special Use Permit area; and

- Type D buffer (minimum 100 feet wide) along the property's Seawell School Road and High School Road frontages.

The detailed landscape plan shall also incorporate evergreen shrubs in the driveway/employee parking areas to help screen the building from Seawell School Road, evergreen trees instead of the proposed sycamores in the southeast corner, and additional landscaping adjacent to the proposed building.

6. 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.

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

Stipulation Related to Building Elevations

8. Building Elevation Approval for Special Use Permit applications: That detailed building elevations be approved by the Appearance Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer and Other Utilities

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

10. 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 prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

11. 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.

12. 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.

13. Erosion Control: That a soil erosion and sedimentation control plan be approved by the appropriate State authority, and documentation certifying that approval be submitted to the Town, before issuance of a Zoning Compliance Permit.

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

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

16. 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 a Planned Development-Industrial for the Chapel Hill/Carrboro Transit Maintenance Facility in accordance with the plans and conditions listed above.

This the 13th day of February, 1995.

Item 7 University Village Special Use Permit Modification

Mr. Waldon said the applicant was requesting a reduction in the scope of an existing special use permit covering three pieces of property encumbered by the University Village special use permit. He stated that East-West Partners request to rescind a portion of the special use permit met Town regulations. Mr. Waldon said staff recommended adoption of Resolution 10A.

Council Member Evans inquired why the applicant wished to reduce the scope of the special use permit. She also inquired about the proposed future use of the property by East-West Partners. Scott Murray, representing East-West Partners, said an error had been made including an existing office building in the special use permit. Mr. Murray stated that the building could possibly be used for a day care or other similar use in the future.

Council Member Waldorf inquired whether or not it would be more appropriate to seek a change in use rather than to sever the special use permit. Mr. Horton said the situation was a complex one with multiple property owners having separate interests. Council Member Evans noted that the special use permit would expire in March, 1995. Mr. Murray said it was the applicant's intent to request an extension for the balance of the special use permit. Mr. Murray expressed his concurrence with the proposed conditions of approval.

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

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

Council Member Evans expressed hesitancy in approving the request stating that she was uncomfortable in setting such a precedent for commercial property. Council Member Chilton said at some point certain special use permit proposals became economically infeasible. He stated that only a small portion of the special use permit was involved in the request.

THE MOTION WAS ADOPTED BY A VOTE OF 6-3, WITH COUNCIL MEMBERS EVANS, PAVÃO AND PROTZMAN VOTING NO.

A RESOLUTION APPROVING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR UNIVERSITY VILLAGE (95-2-13/R-10a)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification proposed by East West Partners, on property identified as Chapel Hill Tax Map 65, Block C, Lots 3, 3A and 3B, if developed according to the undated application (stamped "RECEIVED October 25, 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;

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 the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for unencumbering Tract A as shown on the site plan from the Special Use Permit for University Village in accordance with the plan listed above and the plans and conditions of the Special Use Permit recorded in deed book 797, page 324 of the Orange County Register of Deeds and with the additional conditions listed below:

Stipulations Related to Water, Sewer and Other Utilities

1. Recording of Actual Sewer Easement: That the plat be revised and recorded to show the sewer easement in the actual location of the sewer line prior to construction of the 1989 approved development.

Miscellaneous Stipulations

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

3. 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 Modification for the University Village in accordance with the plans and conditions listed above.

This the 13th day of February, 1995.

Item 8 Proposed Legislative Requests

Mr. Horton briefly reviewed proposed legislative matters proposed for the Council's consideration. He noted that a public hearing on legislative matters would be held on February 27th, with an early morning session with local legislative delegation taking place on March 3rd.

Council Member Brown inquired whether the Landfill Owners Group had discussed the proposal concerning the use of bonds for land acquisition. Mr. Horton said the Landfill Owners Group would receive a follow-up report on financing options, including provisions for special obligation bonds relative to land acquisition, in the near future.

Council Member Brown suggested adding an item concerning "takings" legislation in the Town's proposed legislative program. Mr. Karpinos stated that there were some proposals to limit the authority of local governments to downzone properties. He said the Council might wish to express their concerns to the legislative delegation about downzoning matters at the proposed meeting.

Council Member Brown expressed concern that unfunded mandates legislation could negatively impact environmental matters. She emphasized the importance of preserving environmental protections.

Council Member Brown also said the Town might seek the assistance of State Environmental Management staff concerning proposed changes to wetland regulations.

Council Member Capowski suggested exploring the possibility of density bonuses. Mayor Broun said this matter could be discussed at the public hearing.

Council Member Capowski suggested that the level of state-provided fire protection funding could possibly be investigated. Council Member Capowski said he favored the NCLM's proposed legislative package excepting the support of a lottery. Mayor Broun said this matter could be discussed in greater detail at the public hearing.

Mayor Broun also said although he opposed a State lottery due to economic equity concerns, he favored keeping the language in the proposed resolution concerning possible hearing topics. Council Member Capowski inquired whether there were any studies showing that lotteries had a disproportionate negative impact on persons with low incomes. Mayor Broun said he believed there were several studies which had reached this conclusion.

Council Members Capowski and Powell suggested deleting the proposed language concerning support of a State lottery. Council Member Evans said the proposal was for general support of a statewide referendum concerning a lottery. Council Member Chilton said it would be most appropriate for General Assembly to make a decision on the proposed lottery, rather than calling a referendum on the matter.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER BROWN, TO ADOPT RESOLUTION 11, AS AMENDED, INCLUDING THE AMENDMENTS SUGGESTED BY COUNCIL MEMBER BROWN. THE MOTION WAS ADOPTED BY A VOTE OF 8-1, WITH COUNCIL MEMBER POWELL VOTING NO.

A RESOLUTION REGARDING POTENTIAL LEGISLATIVE REQUESTS TO BE THE SUBJECT OF A PUBLIC HEARING ON FEBRUARY 27, 1995 (95-2-13/R-11)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council invites citizens' comments at a public hearing at 7 pm on February 27, 1994, on the following potential legislative requests:

1. Supporting replacement of the intangibles tax with an equivalent revenue including a comparable growth factor; and with the replacement revenue being dedicated by statute and not subject to annual appropriations.

2. Supporting current legislation to restore effective in 1995-96 the growth in previously frozen State-shared revenues.

3. Requesting authorization for the Town Council to enact impact taxes.

4. Requesting authorization for the Town Council to require that new development include housing for a percentage of low- and moderate-income families; with a corresponding increase in the number of homes allowed in the development under development/zoning standards ("inclusionary zoning").

5. Requesting authorization for the Town Council to increase the motor vehicle license fee.

6. Seeking a local bill and State-wide legislation to authorize an entertainment tax of $1 per ticket at large facilities such as the Smith Center and Kenan Stadium; with exemptions for student tickets and NC High School Athletic Association events.

7. Seeking authorization for the Town, County or special entities to use special obligation bond proceeds for landfill site acquisition.

8. Seeking legislation to clarify that the Town Council can regulate alcohol consumption, possession of open alcohol containers and alcohol possession in general in (1) State highways in the Town, (2) Town-maintained right-of-way and (3) other publicly-used street rights-of-way, even if not maintained by a public entity.

9. Seeking continuation of the present State funding of the Town's fire protection services to the University and UNC Hospitals ($296,000 annually) as a minimum; and an increase in this funding if possible.

10. Seeking increased State support of transit operating costs, and to establish a permanent source of these State funds.

11. Seeking a State-wide referendum on changing the North Carolina Constitution regarding gun control.

12. Seeking a change in the Town Charter so that if a vacancy occurs in the office of Mayor or Council Member before the second day before the end of the filing period before a municipal election, the seat would be filled through the election. Then, the electorate and potential candidates would know before the end of the filing period how many vacancies would be filled in any election.

13. Generally endorsing the NC League of Municipalities' legislative program, except for the position favoring a State-wide referendum on having a public lottery.

14. Supporting continuation of environmental protections in

consideration of unfunded mandates.

15. Opposing any proposed legislation to treat downzoning of land

as taking of property.

16. Supporting protection of wetlands.

This the 13th day of February, 1995.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO DELETE LANGUAGE CONCERNING SUPPORT OF A LOTTERY FROM THE PROPOSED RESOLUTION. THE MOTION FAILED BY A VOTE OF 3-6, WITH COUNCIL MEMBERS CAPOWSKI, EVANS AND POWELL VOTING AYE.

Item 9 Proposed Annexation Areas

Mr. Horton stated that staff had prepared a report which complied with State laws concerning annexation service reports. Mr. Waldon said the State's annexation procedure was a very structured one, having an unusual amount of specificity in the regulations. He noted that a public hearing for the four areas was scheduled for March 20th and possible action on the specific annexation ordinances was scheduled for April 24th.

Council Member Brown inquired about the status of the joint Carrboro/Chapel Hill Annexation Committee. Council Member Capowski said a follow-up meeting would be held within the next two weeks. He stated that there was virtually complete agreement about the proposed annexation line in area 4.

Mr. Horton said all four of the areas were eligible for annexation. He also said staff was confident that adequate public services could be provided to each of the areas.

Mayor Broun noted that there were no further comments or questions from citizens or Council Members concerning the proposals.

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

A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (95-2-13/R-12)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 1 (Map 1 - Weaver Dairy Road/Erwin Road) as described in the Council's resolution (95-1-9/R-18); which plan was submitted to the Council by the Manager on February 13, 1995 and a copy of which plan shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accord with State law.

This the 13th day of February, 1995.

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

A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (95-2-13/R-13)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 2 (Map 2 - Lots on Clark Lake Road) as described in the Council's resolution (95-1-9/R-19); which plan was submitted to the Council by the Manager on February 13, 1995 and a copy of which plan shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accord with State law.

This the 13th day of February, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 14. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (95-2-13/R-14)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 3 (Map 3 - Culbreth Park/Hundred Oaks) as described in the Council's resolution (95-1-9/R-20); which plan was submitted to the Council by the Manager on February 13, 1995 and a copy of which plan shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accord with State law.

This the 13th day of February, 1995.

COUNCIL MEMBER CHILTON MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 15. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION APPROVING A REPORT WITH PLANS FOR EXTENDING MAJOR MUNICIPAL SERVICES TO AN ANNEXATION AREA IN ACCORD WITH G.S. 160A-47 (95-2-13/R-15)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the annexation plan for extending and financing services to that certain proposed annexation Area 4 (Map 4 - Cobble Ridge) as described in the Council's resolution (95-1-9/R-21); which plan was submitted to the Council by the Manager on February 13, 1995 and a copy of which plan shall be retained with the records of this meeting.

BE IT FURTHER RESOLVED that the Council directs the Manager to make the report available for public inspection at least 30 days before the public hearing in accord with State law.

This the 13th day of February, 1995.

Item 10 Parks and Recreation User Fees and Facility Policies

Martin Feinstein, Chair of the Parks and Recreation Commission,

said the Commission reviewed the department's fee schedule on an annual basis. He noted that the Commission had received comments from citizens concerned about the discontinuation of senior citizen discounts for swimming pool passes. Mr. Feinstein also said the Commission had discussed whether or not to charge a fee to non- Orange County residents for use of the Parks and Recreation Department's gymnasium facilities. He stated that the Commission recommended that an identification card system be initiated as soon as possible to identify County and non-County residents.

Mayor Broun said the matter before the Council involved a request for referral of the Commission's report to Town staff.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PROTZMAN, TO ADOPT RESOLUTION 16.

Mayor Broun inquired whether the Commission was recommending that non-County residents over sixteen have picture identification for the use of the Town's gymnasiums. Mr. Feinstein said this was correct. Mayor Broun inquired about the possibility of using driver's license as a form of identification. Parks and Recreation Director Mike Loveman said staff felt that the use of a specific facility identification card would prove most efficient as a means of verifying residency. Mayor Broun inquired whether the staff's proposal was to charge higher fees to non-County residents. Mr. Loveman said this was correct. Mr. Horton said the objective of the fees would be to recover program-related costs.

Council Member Waldorf inquired whether there were any security concerns related to facility overuse. Mr. Loveman said the proposed identification card system would allow building supervisors to keep track of the number of County residents and non-residents using facilities.

Council Member Powell said she could see real benefits from having an identification card system to identify County and non-County residents. Council Member Waldorf commended the Parks and Recreation Commission for a good report.

RESOLUTION 16 WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REFERRING A REPORT OF THE PARKS AND RECREATION COMMISSION TO THE TOWN MANAGER (95-2-13/R-16)

WHEREAS, each year the Parks and Recreation Commission reviews the Department's User Fees Policy and makes recommendations for changes to the Town Manager and the Town Council, and;

WHEREAS, the Town Council requested that the Parks and Recreation Commission also specifically review discounts for senior citizens who use Town swimming pools and methods for controlling the use of gymnasiums, and;

WHEREAS, the Parks and Recreation Commission has submitted a report with recommendations on each of these issues;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby refers this report to the Town Manager to be considered as part of the budget review process for FY 1995-1996.

This the 13th day of February, 1995.

Item 11 Provision of Skateboarding Facility

Mr. Horton noted that the Council had asked the staff to explore the possibility of supporting a skateboarding facility. He noted that there were no provisions to prohibit the use of skateboards at the Town's Library facility or the Town Hall when these facilities were not in formal operation.

Parks and Recreation Director Mike Loveman stated that the Parks and Recreation staff felt that the best current Town-owned site for a skateboarding facility would be at the Cedar Falls Park on Weaver Dairy Road. He noted that there would be a three hundred and fifty foot vegetative buffer between the proposed skateboard facility site and the existing Chesley subdivision. Mr. Loveman said the proposed skateboarding facility would cost approximately $50,000 to construct. He also stated that the staff had outlined three options for the Council's consideration. Mr. Loveman noted that the Parks and Recreation Commission recommended the use of private funds for a skateboarding facility and that the Council not confirm the use of Cedar Falls Park for the facility. He said staff recommended adoption of Resolution 17a.

Charles McClaskey representing homeowners residing near the proposed skateboarding facility site, said he had only been aware of the proposal for about one week. Mr. McClaskey stated that the facility was being proposed in an inappropriate location, negatively impacting area residents and users of the nature trail at Cedar Falls Park. He expressed concern that the construction of the proposed facility would necessitate the removal of many trees at Cedar Falls Park. Mr. McClaskey urged the Council not to approve the skateboarding facility at Cedar Falls Park.

Robert Keever, a resident of Chesley subdivision, said the proposed location for the skateboarding facility was not a good one. Mr. Keever requested that the Council delay action on siting of the facility this evening.

James McEnery urged the Council to adopt Resolution 19c, the Parks and Recreation Commission's recommendation, using no Town funds.

He also stated that the estimated costs for staffing the proposed facility appeared to be underestimated.

Ellen Keever read the inscription from the entranceway plaque to Cedar Falls Park, encouraging the use of the wood lands for nature trails and similar activities. Ms. Keever requested that the Council not rush to judgement in siting a skateboarding facility at Cedar Falls Park.

Jane Williams expressed concern that there would be no safe pedestrian crossing from Cedar Falls Park to the proposed high school on the other side of Weaver Dairy Road. She stated that siting the facility at Cedar Falls Park without a safe way to cross the road would be irresponsible. Ms. Williams urged the Council to consider alternate locations for the proposed skateboarding facility.

Diskun Clay, a resident of Sierra Drive, emphasized the importance of having a safe place for students to cross Weaver Dairy Road from the high school to Cedar Falls Park. Noting that he greatly enjoyed walking on the trails at Cedar Falls Park, Mr. Clay urged the Council to take a proactive role in considering alternate sites for the proposed skateboarding facility.

Tom Brubaker, a resident of Chesley subdivision, expressed concurrence with his fellow homeowners. Mr. Brubaker said he was especially concern about increased noise in the area. He requested that the Council defer its decision on the matter this evening.

Jon Gregory said skateboarders were requesting that the Town provide a skateboarding facility, not necessarily at Cedar Falls Park. He stated that if the facility were located at Cedar Falls Park, it would in no way interfere with existing nature trails. Mr. Gregory presented a petition with over two hundred signatures in support of a skateboarding facility.

Matt Peterson said a skateboarding park would attract visitors to the Town and would give the Town greater visibility. He expressed concern that the lack of places to skateboard would potentially place people in confrontational situations.

Robert Humphreys, speaking as President of the Street Scene Teen Center, said the community needed to place a greater emphasis on positive recreational programs for young people.

Jack Arnold said skateboarding had a broad base of community support. Mr. Arnold also said he favored Council adoption of Resolution b in order to serve youth not interested in team sports. He expressed concern that many young people were put into confrontations concerning the use of skateboards with local law enforcement officers. He urged the Council to support adoption of Resolution b.

Ben Bingham said Council adoption of Resolution b would serve as a proactive statement to local skateboarders. Noting that the Town had recently expended about $500,000 for the Bolin Creek greenway trail, Mr. Bingham requested the Council's financial support for a skateboarding facility.

Ken Peterson, 24 Mount Bolus Road, commended the Town staff for their research of the matter. Mr. Peterson stated that local skateboarding enthusiasts and their parents were willing to help operate and maintain a skateboarding park. Mr. Peterson said he hoped that the Council would act on the matter this evening.

Allen Kronhaus said the issue before was not one of whether or not the Town should have a skateboarding facility. Mr. Kronhaus said he had substantial concerns about the proposed location of a facility in a pristine park area dedicated to nature. He stated that increasing the impervious surfaces in Cedar Falls Park would be egregiously inappropriate. Mr. Kronhaus requested that the Council find a suitable site, other than Cedar Falls Park, for the skateboarding facility.

Council Member Protzman said he would very much favor the Council moving ahead on the matter this evening. He noted that the Town's Parks and Recreation Department currently operated dozens of recreational facilities for a variety of activities and participants. Council Member Protzman also said he was sympathetic to Chesley homeowners since the matter had come up quite quickly. Council Member Protzman stated that he was disappointed that the Parks and Recreation Commission did not recommend Town funding of the proposed facility. He requested that the Council strongly consider fully funding a skateboarding park.

Council Member Brown said she did not think any Council Member opposed the establishment of a skateboarding facility. Noting the short notice of the matter given to citizens, Council Member Brown said she did not favor Council action this evening. She stated that bond funds for open space should not be used for this purpose rather than other types of facilities. Council Member Brown said it would be her preference for the Manager and staff to prepare a follow-up report outlining options for the Council.

Council Member Pavão said he thought the Council needed to act as quickly as possible on the matter.

Council Member Capowski said although he was very much in favor of a skateboarding facility, the proposal had come before the Council very quickly. Council Member Capowski also said he would like to know a little bit more about skateboarding facilities before voting on the proposal. He expressed concern that funds expended for a skateboarding facility might be needed for cost overruns on the Hargraves Gymnasium project.

Council Member Powell said she was definitely an advocate of active, non-team sports. Council Member Powell also stated that she did not know enough about skateboarding facilities in order to make an fully-informed decision this evening. Council Member Powell said it was important for the Council to take note of neighbor's concerns about the proposed facility. She suggested that the Council defer action on the matter this evening.

Council Member Evans suggested tabling the matter and asking Town staff to look at alternate funding sources and locations for a skateboarding facility.

Council Member Protzman said although there might not be great urgency attached to the matter, he wondered whether the Council might be able to make a commitment to providing a skateboarding facility in the Town. He suggested amending Resolution 17a by striking language following "facility" in the fourth whereas and specifying that a facility would be located in the Town during the 1995-96 fiscal year.

Council Member Waldorf suggested amending the resolution by adding the words "identify $50,000 of funds other than 1989 bond funds" and deleting any specific site reference in the proposed resolution.

Council Member Brown inquired about the possibility of capital improvement funding for the skateboarding facility. Mr. Horton said the Council could proceed in this manner if it chose to do so.

Council Member Brown suggested that the proposed resolution not refer to a particular sum of money. Council Member Waldorf said she thought it would be best to specify a certain amount of money.

Council Member Brown expressed concern that the Council was making a commitment prior to the identification of a specific site.

Council Member Protzman reiterated his request for a Council commitment on the matter this evening.

Council Member Capowski suggested that Council Members visit a skateboarding facility before acting on the matter. Council Member Protzman stated that skateboarding facilities were generally relatively low-key operations.

Council Member Brown suggested that the staff compose a revised resolution and bring it back for Council action at the next regular meeting.

Mayor Broun said even though he favored a skateboarding facility and moving ahead on the matter, he would vote against the proposed resolution due to his concern about the Town's overall funding situation for the next fiscal year. Mayor Broun also said he was very hesitant to commit the Town to new programs during the next budget year.

COUNCIL MEMBER PROTZMAN MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT RESOLUTION 17A, AS AMENDED.

Council Member Chilton said he would vote in favor of the resolution since it did not ultimately bind the Council. Council Member Chilton also said he would like to move ahead on the matter if at all possible.

Council Member Brown said she vote against the proposed resolution due to her concerns about the Town's future financial situation.

Council Member Capowski said he would vote in favor of the proposed resolution. He expressed hope that the Town would be able to find a more central location for a skateboarding facility.

RESOLUTION 17A, AS AMENDED, WAS ADOPTED BY A VOTE OF 7-2, WITH MAYOR BROUN AND COUNCIL MEMBER BROWN VOTING NO.

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO IDENTIFY FUNDS FOR DEVELOPMENT OF A PUBLIC SKATEBOARD FACILITY WITHIN THE TOWN'S LIMITS (95-2-13/R-17a)

WHEREAS, citizens have petitioned the Town Council to consider providing a public skateboard facility; and

WHEREAS, citizens have expressed support for establishing an ongoing cooperative relationship with the Town to develop and operate a public skateboard facility; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Town Manager to identify funds other than 1989 Parks and Open Space Bond funds to construct a skateboard facility in Chapel Hill, but to delay the actual development of this facility until sufficient private or Town funds for its operating expenses are identified possibly during the budget review process for FY 1995-1996.

BE IT FURTHER RESOLVED that the Town Manager is authorized to prepare materials for and submit an application for a Zoning Compliance Permit for this project.

This the 13th day of February, 1995.

Item 12 Presentation of Human Services Needs Report

Human Services Advisory Board Chairperson Sarah Kogut thanked the Council for the opportunity to present the Board's human service needs recommendations. She also expressed the Board's appreciation for the helpful assistance of Human Services Coordinator Karen Rose. Ms. Kogut said the Board had identified three primary areas of needs: parent and family support, substance abuse treatment and youth support systems. She also stated that the board recognized the potential impacts of State and Federal funding decisions on human services programs. Mayor Broun thanked the Board for preparing a very good report. Council Member Brown likewise thanked the Board for an excellent report.

Council Member Waldorf inquired whether the Board had any information about funding for substance abuse programs through the Structured Sentencing Act. Ms. Rose said although she was not sure how much funding would be available, she could look into the matter. Council Member Chilton thanked the Council for its report and for undertaking the difficult task of allocating a limited amount of funds for important programs.

Item 13 Responses to Petitions

Painting of Murals

Mr. Horton said although the proposed painting of murals in the Rosemary Street Parking Facility would be a worthwhile project, he recommended that the Council not allocate additional funds for this project.

Michael Brown, the petitioner, urged the Council to adopt Resolution 18b. He requested that the Council agree to fund at least a portion of the mural painting project.

Vera Hart said art such as murals gave her a sense of pleasure.

Noting that she had seen many mural paintings around the country, Ms. Hart said the Town was fortunate to have good mural work in the downtown area. She also stated that the murals added to the Town's quality of life.

Spencer Everett said he and his wife, artist Betty Ann Everett, were ardent supporters of Mr. Brown and his work. Mr. Everett said he hoped the Council would do everything possible to provide financial backing for the proposal. Mr. Everett introduced David Stone, former President of the New York Society of Illustrators.

David Stone said he had been in the illustration business for many years. Mr. Stone said work by artists such as Michael Brown appealed to a wider public. He also said in examining works such as Mr. Brown's he looked for a sense of humor and intelligence.

Mr. Stone stated that Mr. Brown's murals added a little spark to a very pleasant and beautiful Town.

Robert Humphreys urged the Council to adopt Resolution 18b, approving funding for the painting of the murals in the parking facility. He stated that the murals were works of art which would be enjoyed for many years to come.

COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER CHILTON, TO ADOPT RESOLUTION 18B. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION REGARDING A PROPOSAL TO PAINT MURALS IN THE EAST ROSEMARY STREET PARKING DECK (95-2-13/R-18b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby supports the proposal as submitted by Robert Humphreys and Michael Brown to paint murals inside the East Rosemary Street Parking Deck, and authorizes the Manager to enter into agreement for painting of the murals subject to the following:

* Town funds for the project shall be allocated in the amount of $5,000 from the Council's General Fund contingency and shall be conditioned upon use of $3,000 of non-Town funds for the murals.

* Implementation shall be subject to approval by the Manager or Manager's designee regarding the timing of painting and other conditions of undertaking the work.

* The agreement shall specify the extent of the Town's responsibility to maintain the mural areas after they are painted. The Town shall reserve the right to decline to recondition the mural areas if the Manager determines that such work would not be economically or technically practical.

* The agreement shall clarify the extent of the Town's and the painter's or painters' liability for damages to property of the Town or other parties including but not limited to users of the parking deck.

* The mural proposal shall be undertaken substantially as described in materials submitted to the Council on January 23, 1995.

This the 13th day of February, 1995.

COUNCIL MEMBER CAPOWSKI MOVED, SECONDED BY COUNCIL MEMBER WALDORF, TO ADOPT ORDINANCE 5. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND ENDING JUNE 30, 1995 (95-2-13/O-5)

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

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 47,540 (5,000) 42,540

Murals 0 5,000 5,000

This the 13th day of February, 1995.

Funding of Bicentennial Videotape

Mr. Horton said contingency funds were available to fund the request if the Council so directed.

Davis Stillson, a local video production producer and editor, said it was very important to try to maintain the integrity of the videotapes of Bicentennial activities. Mr. Stillson requested that the Council provide funds for the production of the Bicentennial videotapes.

Council Member Powell said she saw the request as a continuation of the Town's Bicentennial celebration. Council Member Powell also said she would support the request.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER CAPOWSKI, TO ADOPT RESOLUTION 19B.

Council Member Chilton inquired whether a loan or grant was being requested. Mayor Broun said the item involved an expenditure which the Town may or may not recoup. Mr. Horton said he hoped the Town would be able to sell a sufficient quantity of tapes to get back funds provided for the project.

RESOLUTION 19B WAS ADOPTED UNANIMOUSLY (9-0).

A RESOLUTION SUPPORTING PREPARATION OF A BICENTENNIAL VIDEOTAPE WITH $4,500 OF TOWN FUNDS (95-2-13/R-19b)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council authorizes the preparation of a videotape on the Chapel Hill Bicentennial celebration as proposed by Mr. Davis Stillson with an allocation of $4,500 of Town funds.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to enter into a performance agreement with Mr. Davis Stillson for preparation of such a videotape as generally described in Mr. Stillson's petition to the Council on January 9, 1995.

This the 13th day of February, 1995.

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

AN ORDINANCE TO AMEND THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUES FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND ENDING JUNE 30, 1995 (95-2-13/O-6)

ARTICLE I

Current Revised

Budget Increase Decrease Budget

APPROPRIATIONS

GENERAL FUND

Non-Departmental

Contingency 42,540 (4,500) 38,040

Bicentennial 0 4,500

This the 13th day of February, 1995.

Street Closure Request for Kenan-Flagler Charity Biathlon

Mr. Horton said he did not recommend approval of the request since staff could not guarantee the safety of participants over the proposed route.

Council Member Capowski inquired whether the staff's recommendation would differ if the event were only held on streets on the UNC campus. Police Chief Pendergraph said the event's organizers had not discussed a route which would only involve the University's campus. He added that it would be extremely difficult to hold an event of this type on streets which were not completely closed to vehicular traffic for at least three or four hours. Chief Pendergraph said he could not guarantee the safety of participants along the proposed route.

THE COUNCIL TOOK NO ACTION ON THE REQUEST.

Item 14 Balance of Consent Agenda

Council Member Waldorf requested that Resolution 3 be amended to reflect the fact that the Council had requested a briefing on the Town's mixed-use zoning and the Town's general land-use map. Council Member Evans suggested that the item concerning parking fines be amended to read "a higher amount" rather than "$10".

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

A RESOLUTION ADOPTING A WORK PLAN OF ISSUES TO BE ADDRESSED AND ACTIONS TO BE TAKEN AS A FOLLOW-UP TO THE TOWN COUNCIL'S PLANNING SESSION ON JANUARY 14, 1995 (95-2-13/R-3)

BE IT RESOLVED by the Town Council of Chapel Hill that the Council hereby adopts the following work plan of issues to be addressed and actions to be taken by the 1993-95 Council based on discussion at the Council's planning session on January 14, 1995:

	Item	Schedule
1	Develop a budget with no increase in the property tax rate	during the budget process, fourth quarter of 1994-95
2	Examine marginally-used parks and recreation programs; process is to include Parks and Recreation Commission's recommendations to the Council	during the budget process, fourth quarter of 1994-95
3	Make recommendations on possible reductions in Library and Public Works services	during the budget process, fourth quarter of 1994-95
4	Examine costs and revenues of recycling programs	during the budget process, fourth quarter of 1994-95
5	Consider fee-based refuse collection	in conjunction with the solid waste study, fourth quarter of 1994-95
6	Report on user fees in general	during the budget process, fourth quarter of 1994-95
7	Request the Transportation Board to make recommendations to the Council on possible transit service reductions and fare/pass increases	during the budget process, fourth quarter of 1994-95
8	Consider increasing downtown parking citations from $5 to a higher amount	during the budget process, fourth quarter of 1994-95
9	Request report from UNC regarding cost of their Point to Point transportation system	third quarter of 1994-95
10	Consider seeking authorization for impact tax	third quarter, 1994-95
11	If impact tax is not authorized, consider whether to enact impact fees	second quarter, 1995-96
12	Go forward with the process of Shaping Orange County's Future	set timetable for process in third quarter, 1994-95
13	Schedule briefing on Mixed Use Zoning and Land-Use Plan	third quarter, 1994-95
14	Report on State law authorizing local requirements for environmental impact assessments for proposed new developments	second quarter, 1995-96
15	Evaluate community policing	ongoing; report to Council in second quarter, 1995-96
16	Promote awareness of speed limits	special program already started by the Police Department
17	Discuss asking the voters to vote on an open space bond referendum	fourth quarter, 1994-95)
18	Talk with City School Board regarding a possible future southern site for an elementary school	at February 15 work session with the Board of Education
19	Schedule a planning session for a Saturday morning in August	August, 1995, as discussed by the Council.

This the 13th day of February, 1995.

There was no need for a closed session. The meeting concluded at 10:55 p.m.